Brianna Kupfer was brutally murdered.
After the jury left the courtroom at 9:45, it took just a little over an hour for them to elect a jury foreman and then come back with guilty in the first-degree for defendant Shawn Laval Smith.
The twelve-member jury, six men and six women, also found the allegation that the murder had been committed while the defendant was lying in wait, true. Finding that allegation true, means he was also guilty of special circumstances. The judge asked if the jurors were all in agreement.
“Yes” was the answer.
The transient, with a long criminal history, had stabbed Brianna Kupfer 46 times when she was working alone in the Croft House on January 13, 2022.
These are the booking photos of Shawn Lavel Smith who was found guilty.
Judge Mildred Escobedo in her instructions to jurors before she sent them to deliberate was “Do not rush.”
But the DNA, audio and surveillance evidence was so overwhelming against Smith, there was nothing for jurors to discuss. Defense Attorney Robert Haberer’s closing argument attempted to make the case possibly about race, or to paint Smith as someone who did not have the intelligence to lie in wait.
He argued that Smith had not planned this murder because he left behind the knife and an audio recording of the murder.
The jurors were dismissed and then came the nightmare for the Kupfers – and the public.
It was revealed that before the trial had started Smith had pled “not guilty” by reason of insanity. He could have had a jury hear the insanity portion of the case, too, but he waived the right to a jury for the insanity pleading. He will let the judge decide on that plea.
Once the jury determined Smith was “guilty” of the charges, the jury was dismissed. The second part of the trial, “not guilty by reason of insanity,” will take place on October 2. CTN was told in that portion of the trial that sometimes there is testimony, sometimes just reports.
The nightmare continues as long Smith is not shut up, forever.
Lori, Brianna’s mother said after the verdict was read in the courtroom, “I’m very happy with the verdict.” She praised the jurors for listening closely to the case and making the decision they did.
“There’s no justice for Brianna because my daughter it not alive,” Lori said. “We have done what we could to protect the public.”
In the court hallway, Briana’s father Todd spoke about District Attorney Habib Balian, “I think he did an effective job. It’s a relief, but there’s still a pending trial.”
The Kupfers spoke before several television news cameras after the trial.
Todd said, “There’s an overwhelming sense of relief. I do feel relief that the system delivered.
“Justice will never be served because our daughter will never be alive,” he said. “It’s not justice.”
Lori said, “When your children go off to work, you never expect the phone call that we got from the sheriff [that our daughter was dead]. Brianna was doing all the right things.”
The couple were asked by reporters if they wanted to share something about Brianna.
“She loved learning, she was curious, she had a big heart, she had a purity,” Todd said. “She cared.”
Lori added, “She had a beautiful soul. She was empathetic. She has a lot of good things to give this world.”
When asked about the trial and hearing the devastating tapes, Todd said, “It was brutal – we cried the entire time.” It was a painful and emotional trial with spectators joining the Kupfers with tears.
A portion of the taped interview is below. Councilmember Traci Park has come to the trial several times and offered support. She stands with the Kupfers.
Bri and my daughter were good friends. They were becoming better friends over time and had started a weekly boxing class together. Bri had come over for dinner a couple of months before her death so I had a chance to know her more than the few fleeting moments at the front door or through my daughter’s posts. She was a lovely girl with great promise. Such a tragedy, and this has been so hard on the entire peer group as well as the family. Politics aside, please, business owners, NEVER let an employee be alone in a storefront situation. I know that the pandemic resulted in less foot traffic and streamlining of employees, but in my opinion, Bri should never have been alone in that store. I hope that in addition to putting this criminal away for life, that this tragedy results in a greater awareness of the work place risks. Many of the showrooms in that area now have locks and Ring doorbells so you cannot just enter, that’s a start, and an unfortunate reality of our world.