Tofte shooter makes second courtroom appearance

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 Wednesday, Jan. 13.

This was Bigby’s second 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. Two days later, the 61-year-old Bigby pled not guilty by reason of self-defense.

Wednesday’s courtroom hearing was 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 Bigby continues to plead not guilty, the only action taken Wednesday was to delay this hearing until March 11 at 2 p.m. Duluth-based Judge Eric Hylden agreed to postpone the hearing until all 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. 

Also during the brief courtroom hearing Wednesday, Judge Hylden agreed to set up an assessment on Bigby to be conducted by staff from Arrowhead Regional Corrections. The assessment could determine if Bigby would be considered a flight risk should he meet bail. As of now, Bigby’s bail is set at $1 million. Olson argued on Wednesday that amount is “constitutionally excessive.” Olson requested Judge Hylden lower the bail to $10,000 cash, with those funds paid directly to the court. Hylden said he will make no decision on changing Bigby’s bail until the ARC assessment is complete.

Present during Bigby’s hearing Wednesday were approximately 15 family members and friends of Roberts. Though they declined to speak specifically with the media, emotions were strong in the courtroom, particularly when Bigby initially entered the room. Family and friends of Roberts wore white t-shirts with his picture emblazoned on them and his name in large print. Several family members were moved to tears at the mere sight of Bigby, who himself showed little to no emotion during the hearing.

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.

A “Go Fund Me” website has been set up to raise funds for the children of Marcus Roberts. It can be found by clicking here.