Court Filing
CASE NO CR 29-22-2805 2023 June 26 9:09 CLERK OF DISTRICT COURT Α.Μ. LATAH COUNTY BY DEPUTY LATAH COUNTY PROSECUTOR'S OFFICE WILLIAM W. THOMPSON, JR. PROSECUTING ATTORNEY Latah County Courthouse P.O. Box 8068 Moscow, ID 83843 (208) 883-2246 ISB No. 2613 paservice@latahcountyid.gov IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATАН STATE OF IDAHO. Plaintiff, Case No. CR29-22-2805 V. NOTICE PURSUANT TO BRYAN CHRISTOPHER KOHBERGER, IDAHO CODE §18-4004A Defendant. COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and hereby gives notice to the Court, the defendant and his counsel, pursuant to Idaho Code §18- 4004A, that as of this point in time, and based on the information known to the State to date, the following statutory aggravating circumstances, pursuant to Idaho Code §19-2515 (9), appear to exist in this case as to the crimes of Murder in the First Degree as charged in Counts II, III, IV and V of the Indictment herein: 1. Idaho Code §19-2515 (9) (b) - at the time the murder was committed the defendant also committed another murder; and / or 2. Idaho Code §19-2515 (9) (e) - the murder was especially heinous, atrocious or cruel, manifesting exceptional depravity; and / or NOTICE PURSUANT TO IDAHO CODE §18-4004A: Page -1- 3. Idaho Code §19-2515 (9) (f) by the murder, or circumstances surrounding its commission, the Defendant exhibited utter disregard for human life; and / or 4. Idaho Code §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; and / or 5. Idaho Code §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. The State gives this notice based on the fact that it has not identified or been provided with any mitigating circumstances sufficient to prohibit the triers of fact from considering all penalties authorized by the Idaho legislature including the possibility of a capital sentence. Consequently, considering all evidence currently known to the State, the State is compelled to file this notice of intent to seek the death penalty. The State will continue to review additional information as it is received, and reserves its statutory right to amend or withdraw this notice. Respectfully submitted this 26 day of June, 2023, William W. Thompson, M. Prosecuting Attorney NOTICE PURSUANT TO IDAHO CODE $ 18-4004A: Page -2- CERTIFICATE OF DELIVERY I hereby certify that true and correct copies of the NOTICE PURSUANT TO IDAHO CODE §18-4004A was served on the following in the manner indicated below: Anne Taylor Mailed Attorney at Law E-filed & Served / E-mailed PO Box 9000 Faxed Coeur d'Alene, ID 83816-9000 Hand Delivered Dated this 210 day of June, 2023. Malleytingle NOTICE PURSUANT TO IDAHO CODE $ 18-4004A: Page -3-