Idaho prosecutors won’t seek the death penalty for man accused of killing his neighbors

BOISE, Idaho (AP) — Prosecutors say they will not seek the death penalty against a northern Idaho man accused of shooting to death a neighboring family -- including two teenagers -- because he said the family’s 18-year-old son exposed himself to the man’s children.

Majorjon Kaylor, 31, is charged with four counts of first-degree murder in the Father’s Day shooting in Kellogg, about 400 miles north of Boise.

Shoshone County Prosecuting Attorney Benjamin Allen notified the court Wednesday afternoon that he would not seek the death penalty. Allen's written notification does not indicate why he made the decision.

Idaho typically provides defendants who need publicly funded defense attorneys with two of them in cases eligible for the death penalty. Both must be deemed qualified by the state's Public Defense Commission.

Northern Idaho only has two defense attorneys who meet the criteria, both of whom are already representing another high-profile defendant: Bryan Kohberger. He is charged with four counts of first degree murder in the November stabbing deaths of four University of Idaho students.

If prosecutors had decided to pursue the death penalty against Kaylor, defense attorneys would likely have had to be brought in from roughly 400 miles (644 kilometers) away.

Kaylor is accused of fatally shooting Kenneth Guardipee, 65; his daughter Kenna Guardipee, 41; and her sons, 18-year-old Devin Smith and 16-year-old Aiken Smith.

Kaylor and his wife, Kaylie Kaylor, told investigators they were upset because Devin Smith exposed himself in front of his bedroom window in view of the Kaylors’ young daughters several days before the shooting, according to a probable cause affidavit released Tuesday. The girls were playing outside at the time.

The alleged exposure was reported to the police and the report was forwarded to the county prosecutor the same day. But on Sunday evening, the Kaylors argued with Kenna and Kenneth Guardipee over how the allegation was being handled.

That’s when Majorjon Kaylor shot both adults near their front door before going inside the family’s apartment to kill the two sons, according to the probable cause affidavit.

Kaylor has not yet entered a plea and is being held without bond. A preliminary hearing has been set for July 3.