The family members were shot dead just a few days after the suspect's wife 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 who police say told them that he shot and killed a family of four is now trying to suppress his alleged confession.
Majorjon Allen Kaylor, 32, is charged with four counts of first-degree murder in the shooting deaths of Kenna Guardipee, her father, Kenneth Guardipee, and her sons Devin and Aiken Smith.
The four family members were all shot at point-blank range, according to police, and Kaylor acknowledges that he made statements about the killings in a motion to suppress filed by his attorney Christopher Schwartz and obtained by Inside Edition Digital.
"Mr. Kaylor repeated that he had shot his neighbors," says the motion, which references the time stamp for when Kaylor can be heard saying this on the body camera footage.
The motion goes on to say that a short time later the responding sergeant asks Kaylor if he shot four people, and Kaylor "acknowledged that he had."
Those statements were given however before Kaylor was read his Miranda Rights by police, according to the motion.
The motion claims that Kaylor was not advised of his rights until almost three hours later, when he arrived at the station and was halfway through his interrogation by a detective.
Now, Kaylor and his attorney want all of his statements tossed out.
"Here, Mr. Kaylor was not warned, and he was not free to leave; rather, he was in handcuffs in a back room with two cops after having spent several hours in the back seat of a patrol car," the motion says. "He had a broken shoulder, he hadn’t eaten since coming home from work, he reported feeling nauseous, and he had just witnessed his wife and children screaming while huddled under a blanket at a traumatic and chaotic scene."
The motion says that the initial statements were given without Kaylor ever being Mirandized and that any incriminating statements made later with the detective were not voluntary because Miranda rights were given halfway through the interrogation.
Prosecutors have yet to file their response to this motion.
The fatal shooting in question occurred just a few days after the suspect's wife, Kaylie Kaylor, alleged in a Facebook post that Devin, 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.
The Kaylors contacted police about the alleged incident and officers investigated, according to the affidavit of probable cause.
Five days later, Kaylor allegedly confronted Kenna and Kenneth about Devin.
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, 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 entered a plea of not guilty to the charges of first-degree murder last month, and earlier this month filed a motion to dismiss, arguing that the charges of first-degree murder as they pertain to Kenna and Kenneth Guardipee are not warranted because prosecutors have offered no evidence that they were "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 judge has yet to rule on that motion.
A non-dissemination order prohibits any members of law enforcement or attorneys involved in the case from publicly commenting on the proceedings.
