Accused Kellogg murderer appears in court
MajorJon Kaylor sits, head down, beside his counsel Lisa Chesebro during his first appearance in the Shoshone County District Courtroom on Tuesday morning. Kaylor has been charged with four counts of first-degree murder stemming from an incident that took place on Father's Day.
JOSH McDONALD
This duplex on the corner of Brown and Utah Streets is where MajorJon Kaylor and his family lived in the upstairs unit. The downstairs unit was the home of 18-year-old Devin Smith and his family who were shot to death inside the downstairs unit. Kaylor is being held as the prime suspect for the murders.
WALLACE – MajorJon Kaylor was charged with four counts of first-degree murder Tuesday morning during his first appearance in Shoshone County Magistrate Court.
After reviewing and reading him his rights, Judge Keisha Oxendine read Kaylor his charges, which included a felony burglary charge.
Each count of murder included the names of his alleged victims, except for a juvenile identified only as A.S.
The Shoshone County Coroner later released the victims' names and ages:
Kenneth Guardipee, 65; Kenna Guardipee, 41; Devin Smith, 18; and Aiken Smith, 16.
Kaylor, 31, is accused of shooting and killing the four victims Sunday in Kellogg.
Kaylor and his family had resided in the second story of a multi-dwelling residence, while his alleged victims lived on the ground floor of the same unit.
According to the charges, both the slayings of Smith and A.S. allegedly took place in the act of burglary, which means they happened after Kaylor forced entry into their residence. This distinction was missing from the charges for the killings of both of the Guardipees, which could mean that they might not have been inside the home when Kaylor allegedly shot and killed them.
Kaylor kept his head down for much of the proceedings, only looking up to answer the judge’s questions, usually replying with a soft “yes,” to if he understood his rights and charges.
The first-degree distinction on each of Kaylor’s murder charges denotes the potential for premeditation. Premeditation includes anything with forethought, such as poisoning, torture or an act committed in vengeance.
Each first-degree murder charge comes with a maximum penalty of life in prison and/or the death penalty.
During the proceedings, bond was discussed. Shoshone County Prosecuting Attorney Benjamin Allen, representing the state, asked that Oxendine withhold bond based on the severity of Kaylor’s charges, and the lack of a stable support system that could hold him accountable if he was to be released.
Allen discussed Kaylor’s previous criminal history, which is limited to a few non-violent crimes, some as old as 2007.
“Idaho code does not contemplate a more significant offense,” Allen said. “When we look at the actual facts of this case, judge, we see a crime that was committed in a relatively horrific manner in regard to the nature of the allegations and the manner in which it was carried out and the method that was utilized by the defendant during the course of his actions.”
Allen also told the court that one of the victims was a minor child, and said that after Kaylor was apprehended, he made admissions to the crimes from which the charges stem.
Lisa Chesebro, a defense attorney who was representing Kaylor during his first appearance, said Kaylor is a lifelong resident of Shoshone County, and that his previous offenses were minor and non-violent in nature, but also that the defense would ultimately defer to the court’s judgment on the matter.
After hearing from both sides, Judge Oxendine ruled Kaylor would be held without bond, in the custody of the Shoshone County Sheriff’s Office.
A status conference has been set for July 3 at 8:30 a.m. with a pre-trial conference scheduled for 1:30 p.m. the same day.
