Bluefin shooter back in court, prepares for June trial

It has been more than 16 months since Kirk Lee Bigby was first accused of intentional second-degree murder that resulted from a shooting at Bluefin Bay in December 2015.

Having been in custody since the night of the shooting in Tofte, Bigby returned to the Cook County Courthouse on Friday, April 14, for a pre-trial hearing. The most recent courtroom proceedings lasted for more than an hour, as Sixth Judicial District Judge Eric Hylden laid the framework for the upcoming jury trial. The Bigby trial is scheduled to open in the Cook County Courthouse on June 5.

Discussed during Friday’s courtroom proceedings were how jury selection will function, specifically how the jury questionnaire will read and when potential jurors will complete the form. Judge Hylden also questioned if, or how the jury will be sequestered during the trial. A sequestered jury is one that is kept together in a private location separate from their homes or workplaces during part or all of a trial. Hylden said it could be difficult to find lodging accommodations for 12 jurors and two deputies in Grand Marais during the beginning of the peak tourist season.

As there were a number of issues that need to be sorted out prior to the trial starting in June, Judge Hylden agreed to set another pre-trial date for Friday, May 26 at 10 a.m. to finalize the aforementioned issues, as well as several other details involving the case. Included in the other pending issues is whether to allow phone calls Bigby either made, or received during his time in jail to be used as evidence during the trial.

Present in the courtroom on Friday were members of Bigby’s new legal defense team, including attorneys Debbie Lang and David Risk of Halberg Criminal Defense based in Minneapolis.

Cook County Attorney Molly Hicken is prosecuting the case with David Miller of the Minnesota Attorney General’s Office. Hicken alleges Bigby shot Roberts “without warning or provocation.” The defense has long argued that Bigby was acting in self-defense the night he shot Marcus Lee Roberts, 35, of Bloomington.

Roberts was employed by a casino gaming company that was providing entertainment for an employee holiday party at Bluefin when he encountered Bigby, a Bluefin worker who delivered firewood to guest rooms.  

Bigby was initially charged with intentional second-degree murder, but in the more than year that has passed since the night of the shooting, the second charge of unintentional murder has been added. Both carry a maximum of 40 years in prison, but the unintentional murder charge carries easier sentencing guidelines.

During Friday’s pre-trial hearing, Bigby’s attorney, David Risk, noted that the defense is likely to ask for a lesser charge of second-degree manslaughter. This carries a maximum sentence of no more than 10 years.

With regard to the upcoming jury selection process, there will likely be a pool of 50 potential jurors selected from various Cook County residents. Following the questionnaire, which is essentially a screening process, the jury will narrowed to 14, with two serving as alternates.

Jury selection will likely begin in late May or early June for the Bigby case.