Prosecutor won’t seek death penalty against Kellogg man accused of killing family of four
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Garrett Cabeza, The Spokesman Review
KELLOGG (The Spokesman-Review)– The Shoshone County Prosecutor’s Office will not seek the death penalty if the 31-year-old man accused of killing a Kellogg family of four is convicted.
Majorjon Kaylor, 31, is charged with four counts of first-degree murder in the killings of Kenneth Guardipee, 65; his daughter, Kenna Guardipee, 41; and her sons, Devin R. Smith, 18, and Aiken Smith, 16. He also faces a burglary charge for allegedly entering the family’s home.
The prosecutor’s office made the decision after “careful consideration and discussion with the victims’ family,” Prosecuting Attorney Benjamin Allen said Thursday in a statement. Allen wrote the maximum penalty for each count of murder is life in prison without the possibility of parole.
“This decision comes as a result of careful consideration of the realities of death penalty statistics within our state, as well as discussions with the family members of the victims involved in this tragic event,” Allen wrote. “We want to thank the law enforcement, personnel, and staff who have worked countless hours on this case already and we will continue to pursue our duty as public servants to serve justice in this matter.”
The prosecution “will reserve the right to seek any other sentence allowable under Idaho law other than death,” according to a court document filed Wednesday in District Court of Idaho’s First Judicial District.
Kaylor told police he “snapped” after he was told that Devin Smith exposed himself to his young children.
Kellogg Police Chief Paul Twidt said the department had recommended a misdemeanor charge against Devin Smith to the prosecutor’s office but it had yet to be legally filed.
Police responded to reports of shots fired at a duplex at 515 W. Brown Ave. at about 7:20 p.m. Sunday. Shortly after the first call, a second call came in reporting that someone had “executed his neighbors,” according to court documents.
Officers arrived at the duplex to find the Guardipees dead outside their ground floor apartment with gunshot wounds to their temples.
Aiken Smith was found inside the home with a gunshot would to his temple. Devin Smith was found behind a bedroom door on his knees face down with multiple gunshot wounds to his head. All the victims were shot at close range.
Kaylor was arrested and booked into the Shoshone County Jail, where he is being held without bail.
Allen said Kaylor confessed to the shooting when interviewed by police.
Kaylor made his first court appearance in Shoshone County Magistrate Court Tuesday. His preliminary hearing is scheduled for July 3.
Emma Epperly contributed to this report.