Bluefin shooter changes attorney, gets new trial date

By Rhonda Silence 

Grand Marais - Kirk Lee Bigby has a new attorney and his court date scheduled for January has been delayed.

It has been more than a year since Bigby, 62, of Finland, Minnesota, was arrested for allegedly shooting and killing another man during a holiday work party at Bluefin Bay Resort in Tofte. Until Thursday, Dec. 15, a trial in the case was set for mid-January. However, this week a motion from Bigby to change counsel came forward and will delay that jury trial, possibly until April or May.

Bigby was back before Judge Eric Hylden in the Cook County courtroom on Thursday. Unlike previous hearings, there were no members of the victim’s family in attendance. The man Bigby allegedly shot and killed is Marcus Lee Roberts of Bloomington, Minnesota. Roberts was working as a blackjack dealer at the Bluefin holiday part in 2015.

On Thursday, Public Defense Attorney Brent Olson represented Bigby for presumably the last hearing involving both individuals.
Olson said Bigby’s right to have an attorney of his own choosing, if he can afford to do so, is guaranteed under the constitution. Olson told Judge Hylden that Bigby and his family had always hoped to obtain private counsel, but were unable to afford it. He said Bigby’s family has been able to secure the financial resources to hire a private attorney and has found a firm, Halberg Criminal Defense of Minneapolis, to defend him. Participating by phone were attorneys Debbie Lang and David Risk of that law firm.

Olson said the new attorney needed a continuance to “adequately and ethically prepare for a jury trial” on the second-degree murder charges. Olson noted that Bigby will remain incarcerated during this time as he is still unable to afford bail.

County Attorney Molly Hicken argued against the continuance, stating that she was concerned about witnesses. She said the State’s witness list spans the Twin Cities and California. She expressed concern that a cooperative witness could become an uncooperative witness if too much time passes.

Hicken said a delay will also increase the cost of the trial, as subpoenas for those witnesses will have to be reissued.

Hicken also argued against further stress that another delay puts on the family of Marcus Lee Roberts. She said she spoke to a family representative and she said they were adamantly opposed to a continuation.

Olson added that he was “a bit surprised” that the State was opposed to the continuance, which would give Bigby the benefit of a more experienced attorney. He pointed out that County Attorney Molly Hicken had enlisted the aid of David Miller of the Minnesota Attorney General’s Office, a prosecutor with over 30 years of experience.

Olson asked that his client be granted the same opportunity and added that the family’s grief and the inconvenience to the county of re-subpoena-ing witnesses, does not overrule Bigby’s right to legal representation of his own choosing.

Judge Hylden acknowledged the severity of the charges and said it is his hope to try this case one time only. Hylden said he has a great deal of sympathy for the family of Marcus Lee Roberts, but said Bigby’s request invokes constitutional rights that need to be honored.

Judge Hylden granted the request for a continuance and directed the attorneys involved to find dates on their calendars for a two-week jury trial.

Before being escorted out of the courtroom, Bigby leaned over and shook his former attorney’s hand.

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.