Hearing rescheduled, gag order issued in Kellogg murder case

WALLACE — The preliminary hearing originally scheduled for Monday, July 3, in the case of accused murderer Majorjon Kaylor was vacated and rescheduled and a gag order has been issued in the matter.

Kaylor, 31, has been charged with four counts of first-degree murder and burglary in the June 18 shooting deaths of Kenneth Guardipee, 65, Kenna Guardipee, 41, Devin Smith, 18, and Aiken Smith, 16 at their shared duplex in Kellogg.

The non-dissemination order, commonly referred to as a gag order, was signed by Shoshone County Magistrate Judge Keisha Oxendine on Friday.

Within the order, Oxendine forbids both prosecuting and defense attorneys from making statements that "will have a substantial likelihood of materially prejudicing or otherwise influencing the outcome of the case."

Specifically, any comments containing any evidence that will be presented during the trial, information that could influence an impartial jury, anything that impugns the character or reputation of a party, victim, or witness, any witness testimonies or identities, or opinions on the defendant’s perceived innocence or guilt.

Anything that is considered “public information” does not fall under the purview of the order, including the names of the plaintiff and defense involved, the names of any law enforcement that were involved, details of the arrest, any information that has been already made public record — which includes the probable cause affidavit from the Idaho State Police investigation. A gag order also doesn’t prohibit legal counsel from soliciting the public for assistance in gathering evidence.

It was expected that Shoshone County Prosecuting Attorney Benjamin Allen would present witnesses during Monday’s preliminary hearing to convince the judge to move forward with the case. The prosecution and the defense each filed a motion that requested additional time to gather witnesses and evidence.

Allen did file a list of potential witnesses who could be called to testify at the Aug. 16 hearing, including Kaylor’s wife, Kaylie. Among the other witnesses subpoenaed are several law enforcement officers, the person who called 9-1-1, the dispatcher who took the call, Shoshone County’s coroner and a medical examiner from Spokane County.

Kaylor’s charges stem from a June 18 incident when he allegedly shot and killed his four downstairs neighbors following an argument over the recent behavior of one of the neighbors, Devin Smith.

The Kaylors had reportedly seen Smith masturbating in his window while their children were outside playing in the backyard a few days before the shooting.

Kellogg Police had been called regarding the initial incident, and according to Kellogg Police Chief Paul Twidt, an investigation took place, a report was taken and a request for a misdemeanor indecent exposure charge was submitted to Allen’s office. According to Twidt, the request was in the possession of the PA’s office Friday, June 16, two days before the victims were killed.

According to the probable cause affidavit, Kaylor allegedly armed himself in his truck after arriving home from work and went into the backyard to assist with watering the family’s plants. It was during this time that he reportedly began the argument with his neighbors that ended in the shootings. The probable cause affidavit states that both Guardipees were shot first, followed by the juvenile Aiken Smith inside the residence, and then finally Devin. Kaylor then exited the Guardipee/Smith residence, placed the gun, holster and belt in his truck, and then made a phone call during which Kaylie reportedly overheard him telling someone that he had just killed four people.

During the course of the Idaho State Police investigation, the handgun was discovered in the truck, as well as an empty magazine. According to law enforcement, due to the magazine capacity and empty shell casings found at the crime scene, Kaylor would have had to deliberately change magazines to carry out the killings.

Allen filed a motion June 21 saying the state would not be seeking the death penalty for the killings; however, each charge does carry a potential maximum life sentence if Kaylor is found guilty.

Kaylor’s preliminary hearing is scheduled for 9 a.m. Aug. 16.