Hearing delayed again in Bigby shooting case

Kirk Lee Bigby, the Finland, Minnesota, resident charged with second-degree murder in the death of a Twin Cites man as the result of a shooting in the parking lot of Bluefin Bay Resort late last year was back in court Friday, March 11.

This was Bigby’s third court appearance in Cook County since the shooting took place in the early morning of Dec. 9. He was arrested for shooting and killing 35-year old Marcus Lee Roberts, a resident of Bloomington. Friday’s courtroom proceedings in the Bigby case lasted approximately five minutes.

According to the court's calendar, Friday's appearance by Bigby was scheduled to be what is referred to in the legal process as an omnibus hearing. This is typically where evidence is presented in the case and a trial date is set if the accused continues to plead not guilty. And while 61-year-old Bigby continues to plead self-defense in his case, the only action taken Friday was to delay the omnibus hearing until May 27 at 10:30 a.m. 

Duluth-based Judge Eric Hylden agreed to postpone the hearing until more of the DNA evidence is available in the case. Both Cook County Attorney Molly Hicken and Public Defender Brent Olson agreed forensics in the case are still being processed. An autopsy on Roberts was conducted at the St. Louis County Medical Examiner's office in December.

Again present during Bigby’s hearing Friday were approximately 18 family members and friends of Roberts. Many of these individuals were also in the courtroom for Bigby’s second appearance, which took place Jan. 13.

According to the original criminal complaint filed against Bigby, there was no altercation leading up to the shooting at Bluefin. Witnesses say they saw the victim walk up to Bigby and that is when he allegedly pulled out a gun and shot Roberts. Roberts was a blackjack dealer hired to work the resort's employee holiday party.