It came as a bombshell that caught even some of the victims’ families off guard.
After more than two years of fighting and legal wrangling – from arguments that his life should be spared due to a recent autism diagnosis to a failed attempt to point the finger at four other people – Bryan Kohberger has now agreed to plead guilty to all charges in the murders of four University of Idaho students Kaylee Goncalves, Madison Mogen and Xana Kernodle and Ethan Chapin.
The 30-year-old criminology PhD graduate will appear in court Wednesday where he is expected to take a plea deal accepting his guilt on four counts of first-degree murder and one count of burglary.
Under the terms of the deal, Kohberger will now avoid the death penalty – and the firing squad – instead being sentenced to life without the possibility of parole, while waiving all right to appeal his conviction or sentence down the line.
The shock move, just weeks before his trial was due to get underway, has been slammed by some of the victims’ families who had wanted to see their loved ones’ killer receive the ultimate punishment.
But Kohberger’s fight for his life might not be over just yet.
The federal government could decide to step in and hit Kohberger with federal charges – and, in doing so, potentially seek the death penalty against the suspected mass murderer.
‘The Department of Justice could potentially file federal murder charges against Kohberger because he crossed state lines or committed a federal crime like stalking,’ attorney and legal expert Neama Rahmani tells the Daily Mail.
Bryan Kohberger snapped this creepy selfie six hours after the brutal Moscow murders
‘They’re dual sovereigns, so this wouldn’t violate double jeopardy.’
It’s a step the Justice Department has recently taken with another high-profile case – that of Luigi Mangione, the man accused of shooting UnitedHealthcare CEO dead in Manhattan in December.
The 26-year-old was facing state charges in New York with a maximum sentence of life in prison, because the state does not have the death penalty.
In April, Mangione was then also indicted on federal charges including murder, interstate stalking resulting in death and firearms charges.
Attorney General Pam Bondi has said the DOJ will seek the death penalty against Mangione on the federal charges.
As Rahmani explains, both Kohberger and Mangione crossed state lines to allegedly commit their murders.
Kohberger is accused of traveling from his home in Pullman, Washington state, in the early hours of November 13, 2022, to Moscow, Idaho, to break into the student home and murder the four victims.
Mangione, meanwhile, is accused of crossing state lines and traveling to New York City to target Brian Thompson outside the healthcare company’s annual conference.
Idaho prosecutors have previously indicated in court records that – like Mangione – Kohberger may have stalked his alleged victims, with cell phone data placing him in the vicinity of the students’ home 23 times in the lead-up to the killing spree.
And so Rahmani believes federal prosecutors could look to bring charges such as murder and stalking, while crossing state lines.
Ethan Chapin and Xana Kernodle (left) and Kaylee Goncalves and Madison Mogen (right)
The home at 1122 King Road in Moscow, Idaho, where the four students were murdered
‘Federal murder charges need a federal jurisdictional basis. An interstate nexus like Kohberger crossing state lines may be enough, or if the murders were committed in connection with another federal crime like stalking,’ Rahmani explains.
However John Day, criminal defense lawyer and former prosecutor, believes there would need to be something beyond the evidence currently known about the case for the feds to weigh in.
‘Murder is usually a state case unless there are elements like a hate crime or crossing state lines… unless something new comes up, he will not face any federal charges at this point,’ he tells the Daily Mail.
It is not yet clear if the federal government does plan to step in on Kohberger’s case, which sent shockwaves all across America.
A DOJ spokesperson told the Daily Mail they have nothing to announce at this time when asked if the federal government has any plans to pursue federal charges against him.
As of now, there is no pending federal action against Kohberger.
However a source suggested it has not been ruled out, saying that the DOJ does ‘reserve the right to pursue charges.’
Though possible, Rahmani believes it’s unlikely the federal government will weigh into the case against Kohberger.
Young couple Ethan Chapin and Xana Kernodle pictured together. Their accused killer is expected to change his plea Wednesday
Best friends Kaylee Goncalves and Madison Mogen together. Goncalves’ family has said they feel ‘failed’ by the state
‘It’s theoretically possible the federal government steps in, even though it’s unlikely,’ he says.
‘The DOJ’s internal Petit Policy says the feds shouldn’t charge after state prosecutors unless there is a substantial federal interest not vindicated in the state case.’
There’s still another possibility whereby Kohberger could face the death penalty.
Even when a plea deal is reached between state prosecutors and the defense, it still has to be signed off by a judge.
Idaho Judge Steven Hippler has the power to reject the deal during Wednesday’s court hearing.
On their Facebook page, the Goncalves family has been urging people to contact the judge’s office and the court in support of quashing the agreement ahead of the hearing.
‘We stand strong that it is not over until a plea is accepted. We will not stop fighting for the life that was stolen unjustly,’ the family said.
‘It is not over until it is over. We still have time to fight for a chance to heal. If you feel called or led, please contact those responsible for the decisions being made,’ they added, sharing a phone number and email address for the court.
Goncalves’ family has expressed outrage over the deal, saying in a statement that Idaho ‘should be ashamed of its Prosecutor’s Office.’
The family says prosecutors only ‘vaguely’ hinted at a plea deal Friday, before telling them in a letter it had been reached – leaving them ‘scrambling’ to fight back.
Kernodle’s aunt also told TMZ that her family does not support the plea deal. Meanwhile, Chapin’s family and Mogen’s father have revealed support for it.
Based on the Goncalves’ family’s version of events, Day says that the Latah County Prosecutor’s Office certainly appears to have engaged in ‘bad practice’ in its handling of the agreement.
While it’s rare for a judge to toss a deal reached by both sides, it can happen – and the stances of the victims’ families could play a part.
‘It is remarkable that in such a high-profile case that the DA had not at least spent more time working to help the families understand why they made this decision just to head off the anger of the families – it looks like the families were blindsided, and that’s a bad practice,’ he says.
‘As a former prosecutor who handled many murder cases, I would have spent hours if not days with the victims’ familied explaining why I was making a decision, and the pros and cons of a plea deal, so at least the family would understand my reasoning.’
That said, the prosecution is not working for the victims’ families, he explains.
‘While state law in most states, including Idaho, requires that victims’ families have input and information about their loved ones’ case, the ultimate decision as to a plea is up to a local prosecutor’s office,’ he says.
‘The prosecutor does not represent the victims or their families – the DA will always argue that they represent the community as a whole, and have to make a decision in the interest of a larger group than just victim families. But this never will satisfy an angry family that feels like the DA has sold them out for the sake of convenience.’
