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."
The Idaho man charged with murdering his neighbors allegedly confessed to the killings multiple times.
A response filed by prosecutors says that Majorjon Allen Kaylor, 32, called 911 shortly after all four members of the Guardipee-Smith family were shot dead and said: “This is Majorjon Kaylor. I just went downstairs and executed a f***ing pedophile and his family.”
The dispatcher then tried to clarify Kaylor's statement by asking if he shot someone, according to the motion, to which the suspect replied: "I shot four people they’re all dead."
Kaylor and his legal team are now trying to have two of the four first-degree murder charges he is facing dropped, arguing in a motion filed last month that the charges are not warranted in the case.
The defense argues in their motion that prosecutors have offered no evidence or proof that Kaylor's 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."
In their response, prosecutors offer new details about the deaths of Kenna and Kenneth.
A medical examination determined that both were likely shot in the chest and fell to the ground, according to the response.
Once on the ground, both were shot in the head with a single bullet fired from a gun that appeared to be pressed directly to their temples, according to the response.
The killings occurred a few days after 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," 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.
Prosecutors write in their response that Kaylor told detectives: “They were saying there’s nothing you can do about it, he [Devin] can do whatever he wants. They were smugger than f***. Like I -- there is no way to politely say like -- there was no remorse, there was no ‘we’re sorry’ or you know “yeah it’s problem we’re working on it.’ Nothing.”
Kaylor went on to claim that the two told him that he could not do anything about it, according to the response, at which point he told detectives: "So I did something about it."
The judge has yet to rule on the motion to dismiss, and the defense has not moved to dismiss the charges as they pertain to the other two victims.
After allegedly shooting Kenna and Kenneth, 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 entered a plea of not guilty to all four charges of first-degree murder at a hearing in September.
Lawyers for Kaylor and prosecutors are both unable to comment on the case due to a nondisseminaton order that bars any lawyers or members of law enforcement involved in the case from speaking to the media.
