Kirk Lee Bigby, 61, of Finland, Minnesota made his second appearance in Cook County court on charges of 2nd degree murder on Wednesday, January 13, 2016. Bigby was arrested on December 9 for allegedly shooting and killing Marcus Lee Roberts, 35, from Bloomington, Minnesota at Bluefin Bay Resort in Tofte.
Bigby’s arraignment on December 11, 2015, was before Judge Michael Cuzzo in a nearly deserted courtroom. That was not the case this week. Bigby’s second court appearance was before Judge Eric L. Hylden, as his attorney, Public Defender Brent R. Olson filed for removal of Judge Cuzzo on December 21, 2015.
County Attorney Molly Hicken said a defendent has the right to ask to remove a judge without explanation. Hicken said she did not want to speculate as to why Bigby and his attorney requested the change.
Also different at the latest appearance was that the courtroom was far from empty. Approximately 15 people were seated in the courtroom, apparently family and friends of the shooting victim, who was at the December 9 event with a group that offered casino games for the Bluefin Bay employee holiday party.
Most in attendance were wearing white T-shirts with a photo of Marcus Roberts along with the dates September 4, 1980 – December 11, 2015. Although attendees did not speak during the proceedings, several people wept softly as attorneys discussed whether or not bail should be reduced for Bigby.
Olson argued, as he had at the December arraignment for a bail lower than the $1 million set at the first hearing. Olson said a $1 million bail is “constitutionally unreasonable.” He noted that amount is something only the wealthiest could afford and asserted that it “flies in the face of innocent until proven guilty.”
Olson said Bigby wants to “confront these allegations and vigorously defend himself in court,” so therefore is not a flight risk. Olson requested that at the least, the court conduct a risk analysis to determine whether or not the $1 million bail was appropriate.
County Attorney Molly Hicken asked Judge Hylden to keep bail at $1 million, pointing out the seriousness of the crime. “When a person is charged with intentionally taking a life, it is constitutionally appropriate,” she said.
Hicken added that because of Bigby’s age and potential lengthy confinement if found guilty, he is practically facing a life sentence, which could increase the flight risk. She said there were no release conditions that could appropriately mitigate that risk.
Judge Hylden did not agree to changing the bail amount, however, he agreed to order Arrowhead Regional Corrections to conduct a pre-trial risk assessment to determine if Bigby would be a flight risk if he were granted bail. Hylden said he would notify all parties when the assessment was complete and would make a decision at that time.
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.
Both attorneys agreed to continue the hearing until the Minnesota Bureau of Criminal Apprehension completed its processing of DNA evidence, which could take 6-8 weeks. Bigby will be back in court on March 11 at 2 p.m.
Roberts’ family members and friends present at court declined making any statement, however, they asked that a website created to benefit Robert’s children be made public. For information, visit www.gofundme.com/weloveyoumarcus.
Leave a Reply