WALLACE –– A motion to dismiss hearing was vacated this afternoon after defense attorneys for accused murderer Majorjon Kaylor filed a stipulated motion to submit their motion to dismiss without a hearing. 

In September, Kaylor pleaded not guilty to four counts of first-degree murder, and one of burglary, in connection with a quadruple homicide that took place in Kellogg. He is accused of killing Kenneth Guardipee, 65; Kenna Guardipee, 41; Devin Smith, 18; and Aiken Smith, 16, on June 18.

The stipulated motion states that both the State and the defense agree that the briefings and exhibits that have been submitted should be sufficient for Judge Barabra Duggan to rule on without having to have any sort of in-person oral arguments.  

Attorney Chris Schwartz filed a memorandum of support to dismiss counts one and two on October 11. The motion specifically relates to the killings of Kenneth and Kenna Guardipee – the argument that the motion is trying to support is that the state cannot “demonstrate that Mr. Kaylor possessed the requisite intent for first-degree murder as to Kenna and Kenneth Guardipee.” 

According to the motion, Mr. Kaylor’s attorney does not believe that the State has disclosed enough evidence to support the theory that the shootings of Kenna and Kenneth were premeditated. And that the killings of the victims in charges one or two were not premeditated, deliberate, or to execute vengeance. 

The motion goes on to discuss how Kaylor’s actions stemmed from his frustration with recent behavior by Kenna’s adult son Devin Smith, and he believed that neither Guardipee was taking his concerns seriously. 

Schwartz’s motion states that Kaylor never intended to kill Kenna or Kenneth and that it was only after the discussion with the Guardipees turned into a heated argument that his frustration boiled over and resulted in the shootings. 

The State in this case is being represented by Shoshone County Prosecuting Attorney Benjamin Allen, who filed his response to the motion to dismiss. 

Allen’s response, states that upon his return home from work, Kaylor was captured on a nearby surveillance system walking around the shared Brown Street duplex, including the parking lot of Mountain Valley of Cascadia - Kenna’s place of employment – and then “ducking behind a trailer that was parked outside of the residence while appearing to view the shared backyard space.” 

Allen believes that this behavior could be presented to a jury as “casing out the location of the murders.” 

Allen presented several examples of other cases where the court upheld the charge of first-degree murder, where several different situations were deemed premeditative and with malicious intent. 

In this case, Allen pointed out that Kaylor allegedly made statements to a co-worker on the morning of the incident. His retrieval of a firearm prior to confronting his neighbors. His observed behavior on the surveillance system before the confrontation. And lastly, the manner in which the shootings were believed to be carried out. The wounds observed on the victims during the medical examination appear to support an “execution-style” method. 

Judge Duggan will review the defense’s request and the State’s response and issue a written ruling in the coming days. 

The defense also recently filed a motion to suppress evidence, stemming from claims that he wasn’t properly read his Miranda rights before being taken into police custody. And that any of the testimony that he gave prior to receiving his Miranda warning should be inadmissible. 

A hearing to argue that motion is scheduled for Wednesday, November 8, at 2 p.m. 

The jury trial for Majorjon Kaylor remains scheduled for January 9, 2024.