The murders occurred five days after Majorjon Kaylor's wife Kaylie indicated in a Facebook post that Devin Smith, 18, " had exposed himself, was shaking his penis, and masturbating through window in front of her and her juvenile daughters."
An Idaho man charged with murdering a family of four after claiming their teenage son exposed himself is asking that two of the charges be dismissed from the case.
Majorjon Allen Kaylor, 32, argues that the charges of first-degree murder as they pertain to two members of the family are not warranted according to a motion to dismiss obtained by Inside Edition Digital.
Kaylor and his attorney say in their motion that prosecutors have offered no evidence or proof that his decision to kill Kenna and Kenneth Guardipee was "perpetrated by means of poison; lying in wait; torture; to execute vengeance; to extort something from the victim; to satisfy some sadistic inclination; by any kind of willful, deliberate and premeditated killing; or in the course of the commission of qualifying felony."
The killings occurred a few days after Kaylor's wife, Kaylie Kaylor, indicated in a Facebook post that Devin Smith, 18, "had exposed
himself, was shaking his penis, and masturbating through window in front of her and her juvenile daughters," according to the affidavit of probable cause.
Smith was the son of Kenna and grandson of Kenneth.
The police had responded to the incident and investigated according to the affidavit of probable cause, but five days later Kaylor confronted Kenna and Kenneth about Devin.
Kaylor told police he "was upset that they didn’t seem to take his concerns with Devin Smith seriously" and that he “snapped," "lost it," and "did something about it," according to the probable cause affidavit.
Kaylor's wife told police that her husband "had a holstered gun on his person" when he confronted Kenna and Kenneth, and that she was standing near her husband when she heard gunshots and saw the two fall to the ground, according to the affidavit.
Kenneth and Kenna both had apparent gunshot wounds "to the right temple area which appeared to have been fired in close proximity" according to the affidavit.
Kaylor then moved inside the house where police believe he first killed 16-year-old Aiken Smith, who "was shot: point blank or near point blank range while lying on the floor in prone position" and finally Devin Smith, according to the affidavit.
Devin "had been shot multiple times from close range,", and police believe that Kaylor "would have likely had to deliberately change magazines and/or reload magazines in order to continue shooting and discharge the number of rounds which were identified to have been fired during the homicide," says the affidavit.
Police also note in the probable cause affidavit that they found "both blood and tissue on the pistol, consistent with close range
shot or shots."
Kaylor confessed to killing all four members of the family according to police.
He has entered a plea of not guilty to the charges of first-degree murder last month.
Unlike another man who is facing four counts of first-degree murder and also plead not guilty in the state, Bryan Kohberger, prosecutors have already said they will not be seeking the death penalty in this case if a jury finds Kaylor guilty of murder.
