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State will seek death penalty against Bryan Kohberger

The prosecution says multiple factors influenced this decision, including the nature of the murders and Kohberger's "utter disregard for human life."

LATAH COUNTY, Idaho — The man accused of murdering four University of Idaho students last November will face the death penalty if convicted during trial, according to new court documents.

The newly-filed notice states the prosecution intends to seek the death penalty against Bryan Kohberger "considering all evidence currently known to the State." The prosecution says multiple aggravating factors influenced this decision, including the nature of the murders, the suspect's "utter disregard for human life" and a "continuing threat to society."

Kohberger is facing four counts of first-degree murder and one count of burglary related to the deaths of Ethan Chapin, Kaylee Goncalves, Xana Kernodle and Madison Mogen. The four were found stabbed to death in an off-campus home near the University of Idaho on Nov. 13, 2022.

The suspect has been in the Latah County Jail since January awaiting trial for the murders. Since his arrest, he has been indicted by a grand jury and had a not guilty plea entered on his behalf after he chose to stand silent at his arraignment.

Prosecutors were given 60 days from the time of Kohberger's arraignment to formally give notice of their intent to seek the death penalty. With less than three weeks to formally give notice, the state shared its formal intent on Monday.

According to documents, the prosecution believes there are currently five aggravating circumstances related to Idaho Code 19-2515(9), the statute regarding the death penalty:

  1. IC 19-2515(9)(b): At the time the murder was committed the defendant also committed another murder.
  2. IC 19-2515(9)(e): The murder was especially heinous, atrocious or cruel, manifesting exceptional depravity. 
  3. IC 19-2515(9)(f): By the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life. 
  4. IC 19-2515(9)(g): The murder was committed in the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, kidnapping or mayhem and the defendant killed, intended a killing, or acted with reckless indifference to human life. 
  5. IC 19-2515(9)(i): The defendant, by his conduct, whether such conduct was before, during or after the commission of the murder at hand, has exhibited a propensity to commit murder which will probably constitute a continuing threat to society. 

"Considering all evidence currently known to the State, the State is compelled to file this notice of intent to seek the death penalty," documents say.

Shanon Gray, the attorney for the Goncalves family, released the following statement regarding the state's decision:

"The Goncalves Family is grateful that the Prosecutors office is pursuing the death penalty. There is no one more deserving than the Defendant in this case. We continue to pray for all the victims families and appreciate all the support we have received."

Kohberger's trial for the four murders is scheduled to begin on Oct. 2, 2023.

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