Trial date set for Tofte shooter Bigby

A trial date has been set for the man accused of murdering a blackjack dealer during a holiday Christmas party at Bluefin Bay Resort last December.

The trial in the case of Kirk Lee Bigby is scheduled to begin Jan. 9 in the Cook County Courthouse. Cook County Attorney Molly Hicken said the trial could last five to seven days. A pre-trial date is set for Jan. 6. The announcements came during a delayed omnibus hearing that was held Monday, Sept. 12 in Grand Marais.

This was Bigby’s fifth 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. Monday’s courtroom proceedings in the Bigby case lasted approximately 15 minutes.

At this point, it appears Bigby will continue his plea of not guilty by reason of self-defense. However, more evidence is still being processed, so no official plea will be issued until the final omnibus hearing which is scheduled for Oct. 21.

Duluth-based Judge Eric Hylden agreed to postpone the hearing until all of the DNA evidence is available in the case. Both Hicken and Public Defender Brent Olson agreed forensics in the case are still being processed. However, Hylden took a firm stance that all evidence needs to be submitted prior to the Oct. 21 hearing and explained his frustrations that such evidence gathering was not yet complete. By the pre-trial date of Jan. 6, Judge Hylden made it very clear any potential delays with a jury pool or evidence submission need to be sorted out.

And so it will likely be up to a jury to determine the fate of Bigby. In August, the Cook County Attorney's Office added an unintentional second-degree murder charge against Bigby. This charge is supplemental to the intentional second-degree murder charge he has faced since the day after the shooting last December.
 
Though he is officially booked as a Cook County inmate, Bigby is being held in the Lake County Jail on $1 million bail.