GRAND MARAIS, Minn. — A Finland, Minn., man dropped his self-defense claim and pleaded guilty to a murder charge Friday in a fatal shooting outside a popular North Shore resort in 2015.
Kirk Lee Bigby, 62, admitted to unintentional second-degree murder in the slaying of 35-year-old Marcus Lee Roberts during a holiday party at Bluefin Bay in Tofte.
With the plea, he averts a two-week trial that had been set to begin June 5 in Cook County District Court in Grand Marais.
Bigby, a resort worker, acknowledged from the beginning that he shot Roberts, a Twin Cities man who was employed by a company providing entertainment for the party. But he previously maintained that he did so only in self-defense, despite the prosecution’s assertion that the shooting came without provocation.
Under the terms of a plea agreement, attorneys said Bigby will face between 128 and 150 months in prison when sentenced by Judge Eric Hylden on Aug. 9. A more-serious charge of intentional second-degree murder was dismissed in the agreement.
“He decided that he wanted to accept responsibility,” defense attorney Dave Risk said after the hearing. “He still asserts that Mr. Roberts was the first aggressor in the incident, but Kirk realizes this was not perfect self-defense.
“There were problems with how he responded, and that that was based in significant part on how much alcohol he drank. He understands that he shouldn’t have been carrying a gun in the first place. Things boiled over and he used too much force. Although he wasn’t trying to kill Mr. Roberts, he did, and he certainly regrets that.”
Cook County Attorney Molly Hicken explained her position in a prepared statement.
“The goal of a criminal prosecution is to bring about a just result within the limits of what the law can provide,” the prosecutor said. “That goal is met with this admission. The sentencing guidelines do not consider the value of human life lost, nor can a prison sentence ever return a person to the arms of their loved ones.
“With this resolution to the case against Kirk Bigby, the defendant has taken responsibility for the loss and pain he has caused and will be punished for his actions.”
Roberts, a Bloomington resident, was fatally shot outside the restaurant at Bluefin Bay in the early morning of Dec. 9, 2015. He was an employee for a Twin Cities casino gaming company that was providing entertainment for an employee holiday party at the resort.
Bigby, who worked at the resort for seven years delivering firewood and performing other tasks, was arrested in a guest room after a brief scuffle with law enforcement.
A criminal complaint indicated that Roberts sustained a gunshot wound to the left side of his chest under his arm. Despite efforts by bystanders and deputies, he was pronounced dead at the scene by paramedics.
One witness reportedly told police that he heard a gunshot and saw a white male with a heavy build sitting on the ground next to the victim, holding a gun. A second witness reported seeing Bigby “just pull out a gun and shoot this guy,” whom he identified by first name as a blackjack dealer at the party.
But defense attorneys also had offered some evidence that they said supported Bigby’s self-defense claim.
They said one witness reported hearing Bigby say something along the lines of “back away” or “back off” before hearing the gun discharge. The defense also had said that Bigby was consistent in telling investigators that he would not have fired his weapon unless he felt in fear for his life.
While Bigby initially was charged with intentional murder, prosecutors in August tacked on the lesser unintentional charge. That count carries a lower burden of proof, requiring prosecutors to show only that the defendant caused a death while committing or attempting to commit a felony offense — in this case, second-degree assault — and does not require prosecutors to prove intent to kill.
Bigby earlier this year said in an affidavit that he was prepared to go to trial because, given his age and health concerns, “a conviction in this case is likely equivalent to a life sentence.”
But with credit for time served and good behavior in prison, Risk noted that the plea agreement could potentially allow Bigby to be released within the next six years.
“We’re very hopeful that he’ll still have some good, productive years ahead after serving his sentence,” the attorney said.
The shooting marked the first murder case in Cook County in more than a decade.