Charlie Kirk’s family has filed a notice of claim against Utah officials blaming widespread security failures for leaving him “helpless” when he was assassinated, indicating a wrongful death suit is in the works.
The notice, filed Sept. 9 with Utah’s Office of the Attorney General – a day before the one-year anniversary of his shocking death – cites “a series of stunning failures and reckless decisions” that aligned to create a “foreseeable danger” to Kirk, 31, as he spoke to a crowd of thousands at Utah Valley University.
Kirk was debating students from a tent in a campus courtyard when a shooter perched on a rooftop nearby fired a single shot, striking him in the throat.
The claim alleges the state, university officials, campus police and others’ failures “ultimately rendered Mr. Kirk helpless to the rooftop shooter in an assassination that could have been avoided had the UVU Parties only taken reasonable steps to plan and oversee a safe event, steps outlined below that have been standard practice for other universities hosting controversial speakers,” the claim reads in part.
“Tragically, the UVU parties failed to rise to the occasion.”
The filing names the State of Utah, Utah Valley University, the Utah Valley University Police Department – as well as its chief, Jeffrey Long, and former university president Astri Tuminez, who stepped down in January.
Also named are “other state actors known or unknown at this time.”
Tyler Robinson, a 23-year-old from Utah, was arrested for Kirk’s shooting after a 33-hour manhunt. He’s currently facing seven counts, including first-degree murder, and could face the death penalty if convicted, a judge ruled earlier this month.
The claim names prospective plaintiffs in any upcoming court action as Charlie Kirk, his estate, as well as his wife, Erika, and the couple’s two minor children – identified in the filing as Minor G.K. and Minor M.K. – as well as the Turning Point USA Founder’s parents, Robert and Kathryn Kirk.
The filing identified six concrete examples of “failings and negligence” on the part of the parties named.
The claim states that the parties named “did not conduct a meaningful risk assessment before approving the outdoor location for the event,” citing no pre-event security briefing or written security plan, which it alleges left risks, such as unsecured campus rooftops, unnoticed and not communicated properly with Chief Long.
It also faults authorities for allowing the event to take place outdoors in the first place without devoting sufficient security resources to ensure venue safety.
“Placing a politically controversial figure like Charlie Kirk in an outdoor event in the quad surrounded by tall buildings and other elevated observation platforms is accurately described as him walking into a fishbowl,” the claim notes.
“The UVU parties approved the event to be held at an outdoor venue dramatically increasing security risks but did not dedicate resources necessary to address the enhanced risk this approval created.”
Thirdly, the claim points out that just six campus police officers were assigned to secure the outdoor event with thousands of attendees, “despite requests for additional officers.”
Lawyers for Kirk’s family note that just 25% of the UVU police force was allocated for the event, and that requests by the university for assistance from outside agencies, like the Orem or Provo Police departments, didn’t come until after the assassination.
“The UVU parties’ planning was so deficient that when Mr. Kirk was shot first responders were not available and Mr. Kirk was transported to Timpanogos Regional Hospital in a private vehicle, not an ambulance.
The filing also said university officials “could have created and maintained” a secure perimeter around the event with physical barriers and cordoned off entrances and exits, deployed metal detectors or “common sense” safety measures like those used at campus sporting events but failed to do so.
It further claims UVU “put Mr. Kirk at additional risk” by ignoring a tip TPUSA passed along to Chief Long expressing concerns raised by the campus’ chapter of the conservative group about “student roof access pretty close to where [Charlie Kirk] will be set up at Utah Valley.”
Long allegedly replied, “I got you covered,” which the organization took to mean he “took responsibility to secure that risk.”
Lastly, the filing states the named potential plaintiffs’ “Omissions, actions and misconduct” led to Kirk’s death, and that their series of “failures” placed him in danger.
“He was legally entitled to believe that when the UVU parties approved the tour event to be held on campus Sept. 10, that the UVU parties would only hold the event in a venue and with associated security measures that made the event safe for him to attend and participate in,” it details.
“Instead, Mr. Kirk was exposed to the danger of a rooftop shooter that took his life.”
