KELLOGG, Idaho — The man accused of murdering his neighbors in Kellogg is asking the court to dismiss two of the four first-degree murder charges against him.
Majorjon Kaylor filed a motion Wednesday to dismiss the charges against him for the murders of 65-year-old Kenneth and 41-year old Kenna Guardipee, two of the four people Kaylor is suspected of shooting in June. In the motion, Kaylor's attorney stated the prosecution had not provided any evidence that suggests their murders were premeditated, and their deaths were the result of "a heated argument," not planning.
According to the motion, Kaylor told police he was arguing with Kenneth and Kenna Guardipee on June 18 about an alleged inappropriate incident involving 18-year-old Devin Smith, one of the victims. Kaylor reportedly told detectives he "became upset" when the Guardipees didn't take his concerns seriously.
The motion states the prosecution has not provided any evidence to suggest Kaylor had a "prior grudge" against the Guardipees.
"It does not appear that the Guardipees themselves committed any previous transgressions against Mr. Kaylor at all," the motion states. "Rather, law enforcement's account tends to show that the offenses were committed following a heated argument during which Mr. Kaylor became upset, not that he approached the Guardipees already upset and planned to kill them as some sort of payback."
Essentially, Kaylor's attorney believes the state can't prove beyond a reasonable doubt that the murders of the Guardipees were planned. The motion does not contest the murder charges for the deaths of Devin Smith and 16-year-old Aiken Smith.
The defense is also requesting a 45-minute hearing to present evidence and oral arguments in support of dismissing the two charges.
Kaylor pleaded not guilty to all counts of first-degree murder at his arraignment in September. His trial is set to begin on Jan. 9, 2024. The state of Idaho previously stated it doesn't intend to seek the death penalty in this case.
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