Kirk Lee Bigby
Kirk Lee Bigby, 61, of Finland, Minnesota appeared before Judge Michael Cuzzo for arraignment in Cook County court on December 11 on a charge of 2nd degree murder. 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 asked that bail be set at $1 million, stating that defendant Bigby is a threat to public safety. Hicken noted that he is 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.”
Bigby was represented at the arraignment by Public Defender Brent Olson who first stated that 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 is 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. Olson noted that Bigby had no “significant criminal history,” that he had served for a year in the U.S. Air Force and had been honorably discharged, has had a concealed carry permit for many years and has lived in the community for about 20 years. Olson asked that a “conditional bail” be set at $10,000 with conditions that Bigby surrender his concealed carry permit, turn in his weapons to Cook County Law Enforcement and remain law abiding.
Olson said his client has a heart condition and sleep apnea and stated that Bigby could not receive the medical treatment he needs if imprisoned for an extended period of time.
Members of the victim’s family were listening to the hearing on the phone and at this point, a family member unable to contain herself said, “Good,” Judge Cuzzo, reiterating the instructions to the audience and the people listening in, said outbursts such as that are not allowed in court. The family was instructed to follow up with the court victim and family assistance representative and the phone call was disconnected.
Olson continued, stating that it would likely take a year for the Bureau of Criminal Apprehension (BCA) to complete its investigation and for a trial. He said he would argue that his client acted reasonably in self-defense. He requested bail so his client would not be incarcerated during that time.
Judge Cuzzo was not swayed by the defense attorney’s entreaty and he set bail for Bigby at $1 million. Bigby, in the orange jail jumpsuit and handcuffed, was escorted out of the courtroom by Cook County Sheriff Deputies back to Cook County jail.
According to the complaint filed by 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 on the ground, bleeding and unresponsive. He was declared deceased shortly before 1 a.m. A spent .45 caliber shell casing was discovered next to the body.
Witnesses who were 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 room was a gun matching the caliber used in the shooting. He was arrested and booked into the Cook County Jail on the charge of 2nd degree murder.
The Sheriff ’s Office is continuing its investigation with assistance from the Minnesota Bureau of Criminal Apprehension. An autopsy of Roberts’ body is being conducted by the St. Louis County Medical Examiner’s office.
Contacted after the hearing, with a request for more information about the shooting, County Attorney Molly Hicken stated, “I am only comfortable with releasing the facts in the case that were outlined in the complaint at this time.”
However, in reply to questions about the self defense claim, Hicken replied, “A self defense claim is an ‘affirmative defense,’ which means that the defendant admits that he took the criminal action, but asserts that he had good reason to do so.”
Hicken added, “The State is confident that no valid claim of self defense justifying deadly force exists is this case.”
Bigby will appear in court again for a Rule 8 hearing (which confirms the charges and determines the next court action) at 10 a.m. on December 28.
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