Bryan Kohberger
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What made prosecutors decide to pursue the death penalty for Bryan Kohberger?

All the mitigating factors that led prosecutors to seek the death penalty for Bryan Kohberger.

Bryan Kohberger is a name that will live in notoriety for years to come, and this week there may be even more reasons the world will remember the name. While he is known as the prime suspect in the four college student murders, dubbed the “Idaho student murders”, this week brought the possibility of him being known for something else. So what is this other thing that will solidify Kohberger’s name in the true crime history books?

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Being one of the 29 and counting people who have received the death penalty in Idaho. This week, prosecutors on the case decided they would in fact be pursuing the death penalty for Bryan Kohberger. So what exactly tipped the scales of justice to the side of the death penalty? Here’s what we know.

Bryan Kohberger, 28, is the accused murderer of four Idaho University students in their off-campus home in Moscow, Idaho. Kohberger was a Ph.D. student in criminology at Washington State University and lived only 15 minutes from the victim’s home. On Nov. 13, Kohberger reportedly snuck into his victims’ off-campus home during the middle of the night. While it’s unclear if the original intent was to harm, four occupants, Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin — Kernodle’s boyfriend who was spending the night — ultimately lost their lives. Two roommates in the home were left unharmed, with one reportedly seeing the killer leaving the home before a 911 call was made that led police to find the four bodies.

The four were killed by stab wounds caused by a hunting knife, although the knife has yet to be located.

Kohberger was arrested in December of 2022 and a disturbing array of knives, crime books, gloves, and dark clothing were found in his home. Kohberger has since had little to say in his own defense, as he stood silent in front of the courtroom judge. His attorney, however, claims his innocence, saying there is “no connection” between Kohberger and his alleged victims.

Statistically, most serial killers have no known connection to their victims, in fact, that is what often allows them to kill with such disregard and emotional absence. So, not exactly a rock-solid testament to his innocence. Also according to ABC 7, it turns out Kohberger followed three of the victims on Instagram and continued to directly message one of them.

Kohberger heads to trial

Bryan Kohberger
Image via Pool/Getty Images

As the crimes took place in Idaho, that will be the state in which the trial is held. There have been 29 death penalty convictions carried out in the state of Idaho since the practice’s establishment in 1864, according to the Death Penalty Information Center database.

To seek the death penalty the case must have “aggravating circumstances”, meaning it is “especially heinous, atrocious, or cruel, manifesting exceptional depravity,”  according to Idaho state law. These factors can range from state to state as can the number or type required to seek the death penalty. In Idaho, only one aggravated factor needs to be present for the prosecution to be allowed to ask for the death penalty.

In this particular case, the prosecution is arguing that five aggravated factors exist, which is what led them to make their decision. According to the Idaho Statesman, the factors include: there was more than one murder committed, there was an “utter disregard for human life” the murders happened during the execution of another crime(theft), and finally according to the filing, the accused has “exhibited a propensity to commit murder, which will probably constitute a continuing threat to society.”Kohberger has been charged with four counts of murder and one count of felony burglary.

Kohberger is also being investigated in the death of 45-year-old Dana Smithers, who disappeared from her Monroe County, Pennsylvania home, only minutes from Kohberger’s former residence in 2022. Her remains were found last month in a wooded area, and Kohberger’s parents have already been asked to testify before a grand jury on the matter. Although what specific details they may know and can testify to have not been released. A gag order has also been issued on the case around Kohberger. Yet, to say he is a danger to society is clearly an understatement, so from a legal standpoint, it certainly seems the death penalty qualifications for his case have been met.

The trial is currently set to start on Oct. 2 and should take an estimated six weeks to complete.


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Author
Bethany Nicole
Bethany is an LA-based freelance writer and astrologer who specializes in entertainment, relationship and true crime writing. To see more of her work, follow her on Instagram @bethanynicolelove.