Cook County News Herald

Court still waiting on evidence in Tofte shooting




Kirk Lee Bigby, 62, of Finland, Minnesota, made a third appearance in the Cook County courtroom since his December 2015 arraignment for 2nd degree murder. The June 7 appearance, like the previous two, lasted only a few minutes. Another hearing was scheduled for 1 p.m. on September 12, however Judge Eric Hylden said he would attempt to hold the hearing sooner if his court schedule allowed.

Bigby was arrested on December 9 for allegedly shooting and killing Marcus Lee Roberts, 35, from Bloomington, Minnesota at Bluefin Bay Resort in Tofte.

County Attorney Molly Hicken said what is believed to be the final report on evidence of the crime from the Minnesota Bureau of Criminal Apprehension (BCA) has been received. However, because one more piece of evidence is still pending, the defense asked that the hearing once again be postponed. Hicken agreed to another rescheduling, but on behalf of the family of Marcus Lee Roberts, asked if the next hearing could be scheduled as soon as possible.

Judge Hylden asked defense attorneys Brent R. Olson and Jerod Wallace if they had any objection to scheduling the next hearing sooner than the proposed September 12 date. Olson said he needed to see all the evidence before determining whether or not to contest the evidence or the manner in which the BCA reached its conclusion. Olson said in the meantime, his team would be making “fruitful progress.”

Reached after the latest hearing, County Attorney Hicken was asked if delays like this are typical. Hicken replied, “While the delay is very frustrating for the victim’s family, understandably, this is actually a very typical timeline for serious felony case.”

Hicken added, “The defense attorney and the prosecutor need sufficient time to review all the material provided by the BCA, including additional data requested by the defense attorney which indicates how the testing was done, what protocols were in place, etc. The more time he has to review the case, in general the better representation he can provide his client, and the less likely an appeal based on inadequate representation.”

Bigby’s arrest followed a 9-1-1 call reporting gunshots fired in the parking lot of Bluefin Bay Resort’s Bluefin Grille at 12:12 a.m. on December 9. Sheriff Deputies arrived to find Roberts on the ground, bleeding and unresponsive. He was declared deceased shortly after. Witnesses who were at the Bluefin Bay Resort employee holiday party identified Bigby, a resort staff member, as the alleged shooter. He was arrested and booked into the Cook County Jail on the charge of 2nd degree murder. Bigby remains in custody at the Lake County Jail.

At previous hearings, Roberts’ family members and friends filled several rows in the courtroom. This time there was a much smaller group. A website has been created to benefit Robert’s children. For information, visit www.gofundme.com/weloveyoumarcus.



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