Prosecutors will seek death penalty against Bryan Kohberger

Prosecutors will seek the death penalty against the man accused of killing four University of Idaho students last fall.

Bryan Kohberger, 28, faces four counts of murder and one count of burglary for the slayings of Madison Mogen, Kaylee Goncalves, Ethan Chapin and Xana Kernodle at the women’s off-campus home on Nov. 13.

Prosecutors had 60 days following Kohberger’s arraignment to file an intent to seek the death penalty, which they did Monday. Kohberger declined to enter a plea last month after a grand jury indicted him. Instead, the judge entered a not guilty plea on his behalf.

The case is eligible for the death penalty, prosecutors argued, because Kohberger allegedly committed multiple murders at once while in the commission of burglary, and they were “especially heinous, atrocious or cruel manifesting exceptional depravity,” exhibited “utter disregard for human life” and “exhibited a propensity to commit murder which will probably constitute a continuing threat to society.”

Prosecutors said they have not identified or been provided with mitigating circumstances that would prohibit them from seeking the death penalty.

Idaho is one of a few states that approved using a firing squad as an alternative form of execution following difficulties in obtaining the chemicals used in lethal injection.

Prosecutors in the shooting deaths of four people earlier this month in Kellogg, Idaho, quickly notified the defense that they do not intend to seek the death penalty.

Kohberger is set to be in court Tuesday afternoon as his attorneys make arguments on several motions, including one to pause proceedings until the defense obtains grand jury materials.