KELLOGG, Idaho — More time for preparation is needed in the case of Majorjon Kaylor, the man accused of shooting and killing four of his neighbors in Kellogg, new court filings show -- and it's not without a gag order.
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.
According to court filings, Shoshone County Judge Keisha Oxendine issued a non-dissemination order on Friday. This prevents investigators, attorneys and witnesses from discussing the case with media. It will remain "in full force" until the conclusion of trial, it said, due to the possibility of prejudicing the case.
Kaylor's preliminary hearing, where prosecutors are expected to present testifying witnesses to convince a judge to move the case forward, was supposed to take place July 3. However, both the defense and the prosecution said in a motion they needed more time to go through the evidence in the case before that hearing could happen.
Kaylor's preliminary hearing was moved to Aug. 16. A filed witness list for the proceeding shows that one Idaho State Police officer, three Shoshone County officers, the Shoshone County Coroner, a pathologist from the Spokane County Medical Examiner's Office and two others are expected to testify.
Prosecutors also expect to show autopsy reports, crime scene photos, body camera footage, interview footage and the 911 call.
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 June 18, 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 goes on to say he told police he "snapped."
Shoshone County Prosecuting Attorney Benjamin Allen later released a public announcement:
"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."
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