The public defender representing accused murderer Kirk Lee Bigby asked 6th Judicial District Judge Eric Hylden on Monday, December 12 to delay Bigby’s trial while his client seeks a new attorney to represent him in court.
Bigby, 62, of Finland, Minnesota was arrested on Dec. 9, 2015, for allegedly shooting and killing Marcus Lee Roberts, 35, from Bloomington, Minnesota at Bluefin Bay Resort in Tofte.
If Bigby wins his postponement, he won’t appear in State District Court in Grand Marais on Jan. 11 as scheduled. Instead, Bigby plans on hiring Minneapolis attorney Dave Risk to represent him. He said it would take his new attorney several months to get up to speed with the case.
Judge Hylden will hear arguments on the motion in court on Thursday, Dec. 15.
Brent Olson argued that if Bigby can afford to hire private counsel, he should do so and relieve his overburdened public defender’s office from the extra work. In the affidavit filed in the court, Bigby said he would feel more confident with Mr. Risk and Halberg Criminal Defense handling his case.
While the judge will consider Bigby’s request, what is known is this: On Dec. 9, 2015, the Cook County Sheriff ’s Office law enforcement dispatchers received a 9-1-1 call reporting gunshots fired in the parking lot of Bluefin Bay Resort’s Bluefin Grille at 12:12 a.m. Sheriff deputies arrived to find Roberts, of Bloomington, Minnesota on the ground, bleeding and unresponsive. He was declared dead shortly before 1 a.m.
Roberts was at the party working for a Twin Cities casino gaming company that was providing entertainment for the Bluefin employee holiday party.
Witnesses at the Bluefin Bay Resort employee holiday party identified Bigby, a resort staff member, as the alleged shooter. Bigby was found in a guest room. Also in the chamber was a gun matching the caliber used in the shooting. He was arrested and booked into the Cook County Jail on the charge of second- degree murder.
Two days later Bigby appeared before Judge Michael Cuzzo for arraignment in Cook County court on a charge of second-degree murder.
County Attorney Molly Hicken asked bail to be set at $1 million, stating that Bigby was a threat to public safety. Hicken said Bigby was the owner of several firearms and that he had firearms in his possession at the Bluefin property. Hicken said Bigby shot Roberts with no warning and no provocation. His act, said Hicken, took from his family, “a son, a brother and a father of five children.”
At that first hearing, Public Defender Olson said it was “with heavy hearts” that he and his client were in court. Olson noted that a young man was dead and the family must bear that burden. He added that losing a son is a burden no parent should ever have to bear.
Olson argued against the million dollar bail and explained that his client was asserting self-defense. Olson said the court had to determine whether or not Bigby was a threat to public safety and whether he would appear in court.
Today Bigby is still arguing he acted in self-defense. He stated that because of the serious nature of the charges a guilty verdict would likely be a life sentence for him because of his age and health.
This past summer the prosecution added a lesser unintentional murder charge along with his original second degree murder charge.
Leave a Reply