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Promeditation can take one sect. in that split second when he had one shot into the teenager, the female, then the next one, he could say, oh, my god, let me call the police. he didn't do that. moved the body, tampered with the crime scene, also, the neighbor called the police. he didn't even call the police. >> i spoke with the defense attorney today and they do have answers for this. he did say he wasn't lying in wait for them. he heard a window break and was scared. he said the audio roaring was part of the surveillance system put in after the string of burglaries. so i think we'll hear a l...

Turned, and that's where this case really hinges. i think the more likely scenario is that it was a heat of passion type murder where it started out as self-defense, he truly believed it was self-defense, he didn't plan it out, but then he just got overwhelmed by the emotions and took it too far. and i do think that's going to hurt in his case, ultimately. newjenna: brian, we don't hear a lot about the two teenagers that were sneaking into his house. we do hear on the audio recording a window break. you actually hear them breaking into the house. he was in his basement awaiting them, the boy g...

Prosecutors say the man who killed two teenage intruders in his home planned the deadly shootings, waiting patiently for the kids with his guns and snacks and water by his side. the killings happened back in 2012 on thanksgiving day in central minnesota. the accused murderer is smith, a retired security engineer for the state department. he says he was defending him self inside of his own home. his lawyer says he was hiding in his basement out of fear after he heard a window break and footsteps upstairs. smith described to police in chilling detail what happened next. he says one of the intrud...

Afternoon . behind that much colder air in the plains and midwest. back to you. >> the eastern bunny is going to neal a chill later in the day. good to see you, thank you. >> an elderly woman refuse to back down when a man breaks in her home. the top story in the fox trip across america. >> ohio, she was home alone and grabbed her gun when she heard the front door rattle and the window break. she warned the man to leave and fired a shot. she missed but it got his attention. she ordered him to the ground and called 911. >> you hear him in the house? >> i have him in the kitchen here. >> what do...

So i never missed a beat. that's health in numbers. unitedhealthcare. megyn: a shocking story out of minnesota were a homeowner is charged with two counts of second-degree murder. after shooting two teenagers, he says that they were breaking into his house on thanksgiving day. he admitted to shooting more shots than necessary after one of the burglars laughed at him. trace gallagher has more. reporter: it is very hard to read. byron smith telling police that his house had been burglarized a times before. on thanksgiving day, he was down in his basement and huberty window break and footsteps co...