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Idaho will not seek death penalty against accused Kellogg shooter

If Kaylor is found guilty, Shoshone County prosecutors will not seek the death penalty against him, new court filings show. He still could face life in prison.
Credit: (Josh McDonald/Shoshone News-Press via AP)
Majorjon Kaylor, 31, right, sits next to defense attorney Lisa Chesebro in a Wallace, Idaho, courtroom on Tuesday, June 20, 2023.

KELLOGG, Idaho — The man accused of shooting and killing four of his neighbors in Kellogg will not face the death penalty if convicted, new court filings show.

Majorjon Kaylor, 31, is charged with four counts of first-degree murder in the deaths of Kenneth Guardipee, 65, Kenna Guardipee, 41, Devin Smith, 18, and Aiken Smith, 16. 

Shoshone County prosecutors filed a notice indicating they will not seek the death penalty against Kaylor on June 21. The death penalty is the maximum punishment for first-degree murder under Idaho law. However, the court filing says prosecutors will instead reserve the right to seek any other allowable sentence, which includes life in prison without the possibility of parole.

In an affidavit, police said Kaylor and his wife were upset because they allegedly witnessed Smith expose himself in front of his bedroom window while Kaylor's children were playing in the yard. 

On Sunday, the Kaylors began arguing with the Guardipees about the alleged exposure, and Majorjon Kaylor ended up shooting the family in their apartment, the affidavit says. It later goes on to say he told police he "snapped."

Shoshone County Prosecuting Attorney Benjamin Allen released a public announcement Thursday:

"After careful consideration and discussion with the victim's family, our office has made the choice to remove the death penalty as a sentencing option... which will set the path of criminal procedure in this case on course as a non-capital first-degree murder," Allen's statement begins. "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."

Kaylor is currently being held without bond and a preliminary hearing has been scheduled for July 3.

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