Kirk family cites police chief text in bid to pierce Utah immunity

The family of Charlie Kirk filed a notice of claim alleging that Utah Valley University and state officials failed to secure a rooftop, potentially allowing them to bypass broad governmental immunity protections. A key piece of evidence in the filing is a text message from UVU Police Chief Jeffrey Long to Turning Point USA organizers, in which he allegedly stated, "I got you covered," regarding rooftop security concerns. According to Randolph Rice, a Maryland-based attorney and former prosecutor, this assurance could serve as a legal basis to argue that the family detrimentally relied on the police chief's statement, thereby piercing the veil of immunity provided by the Utah Governmental Immunity Act. Rice noted that while Utah law generally shields government entities and employees from civil damages claims, the specific allegation of reliance on a security promise might allow the claim to proceed against the university, the police chief, and other government agencies.

The notice of claim asserts that UVU and state officials acknowledged responsibility for rooftop security but failed to implement adequate measures. The filing alleges that no physical police presence was established and that no personnel were monitoring camera feeds in real time as the suspect moved across the campus. Kirk was shot by a sniper on a rooftop during an event on the campus courtyard. Brett Parkinson, counsel for the Kirk family, stated that the murder was preventable if the state and university had followed through on their stated security promises to protect the rooftops surrounding the quad.

Skyle Lazaro, a Salt Lake City-based attorney, indicated that while she cannot definitively say the text message is sufficient to overcome immunity hurdles, it would bolster the case if the family files a formal lawsuit. She explained that Utah's immunity laws protect agencies from liability for criminal actions by others, even when job functions are not performed, but noted that such cases often result in out-of-court settlements. The legal filing marks a precursor to a potential civil suit against the state of Utah and UVU.

The criminal case against the accused, 23-year-old Tyler Robinson, is proceeding separately. Robinson pleaded not guilty at his arraignment on Sept. 1. He faces a potential death penalty sentence if convicted of aggravated murder. The family's legal strategy now hinges on whether courts will accept that the police chief's text message created an exception to the standard immunity defenses used in similar cases, such as the dismissed wrongful death claim by the family of Gabby Petito against the Moab Police Department.