ID - Kenneth and Kenna Guardipee, Devin and Aiken Smith, all fatally shot by neighbor, Kellogg, June 2023

[North_Idaho_Nony]

Many days I wish I lived in Australia! Beautiful place!

Rest assured, this freak is not going to get away with his heinous, pre-meditated slaughter of a family.

According to one of the links upthread, the teen was masturbating in front of his bedroom window and was seen by the shooter's wife and children. My questions: why was the shooter's wife looking in the teen's window and why didn't she block the children's view?

JMO

Allegedly masturbating — it’s not an established fact. Any records about the investigation into the accusation have been caught up in the criminal case gag order for reasons that remain unclear, at least to me.

My understanding is the dwelling is a duplex (IIRC). The victims had only very recently moved into the ground level half, and all of their windows were at ground level.

The murderer & his family lived upstairs & their kids spent a lot of time playing in the entire yard, which was ground level.

MOO, if something untoward was seen, it could well have been inadvertent on either side.

MOO, if one hasn’t lived in a similar situation with people literally right outside all your windows all the time, it can take some time to make adjustments. Tragically, the victim family never had that chance, MOO.

 

[MyBelle]

Allegedly masturbating — it’s not an established fact. Any records about the investigation into the accusation have been caught up in the criminal case gag order for reasons that remain unclear, at least to me.

My understanding is the dwelling is a duplex (IIRC). The victims had only very recently moved into the ground level half, and all of their windows were at ground level.

The murderer & his family lived upstairs & their kids spent a lot of time playing in the entire yard, which was ground level.

MOO, if something untoward was seen, it could well have been inadvertent on either side.

MOO, if one hasn’t lived in a similar situation with people literally right outside all your windows all the time, it can take some time to make adjustments. Tragically, the victim family never had that chance, MOO.

BBM. You make a very good point! I agree it may have been inadvertent, but I really question whether it happened at all.
JMO

 

[tlcya]

Just a reminder: the Motion is just one presentation. The State will have an opportunity to address the allegations in the Motion at the scheduled Hearing, and the Judge will make a decision.

Until then, the Motion is just a Motion, MOO.

I am aware. However, if things occurred as described therein, it is a big problem for those statements made at the stations after in custody. The initial comment's on scene could be considered spontaneous excited utterances, but not those made at the station. IMO MOO.

Again, still not worried, there is plenty of physical evidence and witnesses even if the station house interview responses get tossed.

 

[Jurisprudence]

Two hearings this week:

Motion to Dismiss Counts I and II - Monday

https://s3.us-west-2.amazonaws.com/isc.coi/CR40-23-0970/101123-Notice-of-Hearing.pdf

Motion to Suppress Evidence - Wednesday

https://s3.us-west-2.amazonaws.com/isc.coi/CR40-23-0970/102423-Notice-of-Hearing-re-Mtn-to-Suppress.pdf

 

[LiamF]

There is no reasonable defence for this crime, four people were gunned down in a fit of rage. This man deserves the death penalty and I hope he gets it, you just cannot justify his actions in any way.

 

[arielilane]

Majorjon Kaylor, the man accused of murdering a Kellogg, ID family of four, is set to be back in Shoshone County Court on Monday, Nov. 6 at 1 p.m. and Wednesday, Nov. 8 at 2 p.m.

https://twitter.com/x/status/1721317219215323219

Majorjon Kaylor, accused Kellogg, ID murderer, back in court this week

WALLACE, Idaho - Majorjon Kaylor, the man accused of murdering a Kellogg, ID family of four, is set to be back in Shoshone County Court this week.

Kaylor is set to appear before Judge Barbara Duggan Monday, Nov. 6 at 1 p.m. and Wednesday, Nov. 8 at 2 p.m.

Motions to dismiss count I and II will be presented at Monday's hearing, according to Karlene Behringer, the Trial Court Administrator for First District of Idaho.

A motion to suppress evidence will be presented at Wednesday's hearing, according to court documents. Kaylor's public attorney claims that the suspect was not read his Miranda rights until after he admitted to killing the four victims.

...

Kaylor's trial is scheduled to begin on Jan. 9, 2024.

...

 

[Jurisprudence]

the motion is well written and while I wish it wasn't so, the defendant's statements to LE should NOT be allowed. Quite frankly, I get what the LEO was trying to do, but he knew better, and did it anyway. He was hoping for a confession.

Only problem is, Confessions are useless without proper Mirandization. There is enough evidence to convict Kaylor without his statements.

I agree. This was custodial interrogation and met the threshold.

jmo

 

[North_Idaho_Nony]

There is no reasonable defence for this crime, four people were gunned down in a fit of rage. This man deserves the death penalty and I hope he gets it, you just cannot justify his actions in any way.

The death penalty was quickly taken off the table for this case:
https://s3.us-west-2.amazonaws.com/...e+of+Intent+to+Not+Seek+the+Death+Penalty.pdf

The murders happened on 6/18/2022 (Father's Day) & the Notice of Intent Not to Seek the Death Penalty was filed by the State on 6/21/2022.

 

[North_Idaho_Nony]

For those who have been following this case, several new documents worth reading were just uploaded this morning pertaining to the cold-blooded execution of the family by Majorjon Kaylor. Just horrific. Deep sigh.

The documents are available here:
Idaho Judicial Cases of Interest

 

[tlcya]

reading the

State's response to motion to dismiss counts I and II right now thanks for that link @North_Idaho_Nony

 

[tlcya]

so he not only shot the parents, he shot them once to take them off their feet and finished each parent with a shot to the head when they were already on the ground. EXECUTION STYLE. Also, in his excited utterances as LE arrived onscene, he VOLUNTEERED as officers were walking up to the scene that he had shot four neighbors because the neighbor was a pedophile. He wasn't in custody, he was proud of himself, letting officers know as soon as they arrived what he had done.

Told his boss he was probably going to jail today, cased out the apartment and the family (video of this exists).

the response is well crafted and I believe the Defense's motion to dismiss counts I and II will be summarily denied.

 

[tlcya]

has court tv posted any video? I see where their request for cameras in the courtroom at today's hearing was granted.

Just finished reading state's Response to defense motion to suppress. Well argued. I think the judge will split the baby and allow the on scene utterances and disallow the ones at the station. But their argument for those statements being allowed was good. Just not sure it's good enough. They make it almost like that one is the throw away, probably because as I've opined before, they have more than enough evidence even without those statements made once he was in custody.

 

[North_Idaho_Nony]

Today’s hearing was vacated — both the defense & State stipulated that the briefs submitted were sufficient for the judge:
https://s3.us-west-2.amazonaws.com/...ulated-Motion-to-Submit-Motion-to-Dismiss.pdf

https://s3.us-west-2.amazonaws.com/isc.coi/CR40-23-0970/110623-Order-Vacating-Hearing.pdf

All court documents are available at the following link:
Idaho Judicial Cases of Interest

 

[Jurisprudence]

They didn't have it. They agreed to dismiss it without oral argument. Whether they agreed to leave it as is (first degree) and argue for the judge to later give jury instructions, or whether they agreed the state would amend the charges we don't know yet. We should know soon from the future filings.

https://s3.us-west-2.amazonaws.com/isc.coi/CR40-23-0970/110623-Order-Vacating-Hearing.pdf

https://s3.us-west-2.amazonaws.com/isc.coi/CR40-23-0970/110623-Stipulated-Motion-to-Submit-Motion-to-Dismiss.pdf

 

[arielilane]

A scheduled hearing to dismiss charges against North Idaho quadruple murder suspect Majorjon Kaylor did not take place on Monday.

https://twitter.com/x/status/1721693976380535024

KELLOG, ID. — A scheduled hearing to dismiss charges against North Idaho quadruple murder suspect Majorjon Kaylor did not take place on Monday.

A judge was set to hear a motion Monday afternoon to dismiss charges against Kaylor, a man suspected of killing a family of four in Kellogg, Idaho, this past summer.

As of Monday, November 6, it is unknown whether the hearing was postponed or canceled altogether.

...

Hearing to dismiss charges against North Idaho quadruple murder suspect falls through

KELLOG, ID. — A scheduled hearing to dismiss charges against North Idaho quadruple murder suspect Majorjon Kaylor did not take place on Monday.

www.kxly.com

Nov 6, 2023 Updated 12 hrs ago

 

[North_Idaho_Nony]

For any interested in following along with this afternoon’s hearing:

https://twitter.com/x/status/1722345901317070911

 

[arielilane]

Here are https://twitter.com/maryssarillo tweets from hearing on November 8, 2023:

HAPPENING TODAY: I am on my way to the Majorjon Kaylor hearing. According to court documents, Kaylor admitted to shooting his four neighbors. Kaylor now says he was never read his Miranda Rights and wants his statements thrown out. I’ll post updates here


Majorjon Kaylor is in the court room now. The hearing should start shortly.


Lieutenant Bilaski has taken the witness stand. He responded to the shots fired the night of the shooting.


Lieutenant Bilaski says when he responded to the call he saw Kaylor with another person. He asked him to walk towards him. He also asked what's going on. He says Kaylor then responded that he shot his neighbors.



Lieutenant Bilaski says he ordered Kaylor to the ground. He eventually handcuffed him and put him in his patrol car.



Defense is now asking Lieutenant Bilaski questions.


Defense asked Lieutenant Bilaski if it was because it was a hectic scene that he never read Kaylor his Miranda Rights. Bilaski said yes.


Kaylor was in the patrol car for about two hours. Lieutenant Bilaski said to his knowledge no one read Kaylor his Miranda Rights within that time.


Detective Justin Klitch has now taken the witness stand He was called to be the lead detective on the case the day of the homicide.


Detective Justin Klitch said they went to a church to interview Kaylor. He said his plan was to give Kaylor information about himself so he could relate to him. He said it makes the suspect more willing to speak.


Detective Justin Klitch then told him about a podcast about a child predator. During their conversation, he said he did read Kaylor his Miranda Rights


Defense is now questioning Detective Justin Klitch


Defense just asked if he read Kaylor his Miranda Rights before he started the conversation with him in which he tried to relate to him. Detective Justin Klitch said no, not right away.


There will be no other witnesses.

Court is adjourned. A decision will be made at a later time.

 

[arielilane]

Article is reporting the same info as reporter did in above tweets.


Defense team for Kellogg murder suspect asks court to throw out confession

Updated: 4:51 PM PST November 8, 2023

Prosecutors said Kaylor's admission was recorded on body cam video. The judge will now decide if law enforcement violated his rights and if that evidence can be used during trial.

...

His trial is set to begin on Jan. 9, 2024.

 

[North_Idaho_Nony]

It takes my breath away to share that this case has been resolved via mediation:
Mediated Settlement Agreement

I have no words right now — just deep sorrow.

Court documents are available at this link:
Idaho Judicial Cases of Interest

edited to remove duplicate link

 

[Rosydecember]

It takes my breath away to share that this case has been resolved via mediation:
Mediated Settlement Agreement

I have no words right now — just deep sorrow.

Court documents are available at this link:
Idaho Judicial Cases of Interest

edited to remove duplicate link

I must be blind…. What’s the agreement? What’s his sentence I mean….