Kirk Lee Bigby
Kirk Lee Bigby, 62, of Finland, Minnesota, dressed in a black-and-white striped Lake County Jail jumpsuit appeared in court again on Monday, September 12, only to hear the date set for jury trial in January 2017. Bigby was arrested on December 9, 2015 for allegedly shooting and killing Marcus Lee Roberts, 35, from Bloomington, lMinnesota at Bluefin Bay Resort in Tofte.
David Miller of the Minnesota Attorney General’s Office joined County Attorney Molly Hicken at the prosecution table. He nodded his head as Hicken answered questions from Judge Eric Hylden about the amended criminal complaint against Bigby.
On August 16, Hicken’s office added an additional charge, second t degree murder without intent, lto the first charge against Bigby of second-degree murder with intent, not premeditated. Under Minnesota Statutes, either felony carries a penalty of 40 years in prison, however the unintentional murder charge means that the perpetrator did not intend to cause the death of a human being.
Bigby’s defense attorney Brent R. Olson acknowledged the filing of the new charge and stated that he intends to challenge probable cause for both counts.
Both Olson and Hicken noted that they were still awaiting some evidence from the Minnesota Bureau of Criminal Apprehension (BCA). Judge Hylden pointed out that an omnibus hearing was set for October 21. The main purpose of an omnibus hearing is to determine the admissibility of evidence, including testimony and evidence seized at the time of arrest.
Judge Hylden asked if there was anything the court could do to speed things along and Hicken said she would contact BCA.
In the meantime, Hicken asked if a date for jury trial could be set now. Parties agreed to a pre-trial date of January 6 and jury trial dates of January 11-13 and 17-20, 2016.
A small contingent of Roberts’ family members and friends sat quietly in the courtroom, some of them wearing white T-shirts with Marcus Roberts’ image. A website has been created to benefit Roberts’ children. For information, visit www.gofundme.com/weloveyoumarcus.
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, 2015. 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.
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