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Prosecutor seeking death penalty for Kohberger in Idaho student murders case

The noticed filed Monday by the Latah County Prosecuting Attorney lists five aggravating circumstances, based on information known at this time.

MOSCOW, Idaho — The Latah County prosecutor intends to pursue a death sentence for Bryan Kohberger, the man accused of murdering four University of Idaho students on Nov. 13, 2022, if he's found guilty.

Prosecuting Attorney William Thompson filed a notice of intent to seek the death penalty Monday. Under Idaho law, the notice is required within 60 days from when the defendant enters a plea. Kohberger's district court arraignment was May 22. He stood silent, and pleas of "not guilty" for each count were entered on his behalf.

Bryan Kohberger is charged with four counts of first-degree murder and one count of burglary in the deaths of Ethan Chapin, Kaylee Goncalves, Xana Kernodle and Madison Mogen, who were found stabbed to death in a house on King Road, near the University of Idaho campus in Moscow.

In the notice filed Monday, Thompson cites five aggravating circumstances under Idaho law that he believes warrant consideration of the death penalty: 

  1. "At the time the murder was committed, the defendant also committed another murder; and/or
  2. "The murder was especially heinous, atrocious or cruel, manifesting exceptional depravity; and/or
  3. "By the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life; and/or
  4. "The murder was committed in 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; and/or
  5. "The defendant, by his conduct... has exhibited a propensity to commit murder which will probably constitute a continuing threat to society."

Through attorney Shanon Gray, the family of Kaylee Goncalves released the following statement Monday afternoon:

"The Goncalves family is grateful that the prosecutor's 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 is currently set to begin in October. Kohberger is due in court Tuesday for a hearing on several motions related to the case.

If Kohberger is found guilty of first-degree murder at trial, the trial will move into a penalty phase in which possible mitigating and/or aggravating factors will be presented to the jury, who would then deliberate and recommend for or against a death sentence.

Read the notice here (mobile users tap this link).

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