“Another gross exaggeration is the author’s comparison of Mr. Smith to ‘Freddy Krueger’ [which] is inept because Krueger attacked others where they were,” the suit states, “not locked in his own home, for his own safety like Mr. Smith was at the time.”
Smith’s power of attorney, Kathy Lange, wrote a book about the shooting in 2020 titled, “Imprisoned by Fear: A true, tragic story of teens, drugs, burglaries and a homeowner’s fear of death by his own guns.”
“Byron was able to get his side of the story out through his friend,” Luberts said, noting he feels Lange’s book includes disparaging comments about himself. “How ironic that they think it’s not OK that I put my personal truth out on this.”
Luberts said he was harassed by Smith’s supporters both locally and from across the nation — including numerous phone calls to his home — which he thinks contributed to his health problems and to ending his marriage. He said Tuesday he thinks the lawsuit is just another form of harassment.
“Putting this stuff down on paper was a means of therapy for me [and] I wanted to get the truth of the full investigation [out],” Luberts said. “It wasn’t for fame. It wasn’t for money. It wasn’t for any of that.”