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One week after Charlie Kirk’s memorial at UVU, Erika Kirk is finally going on the offensive.
This isn’t a defamation suit, as most people expected. Instead, it’s a lawsuit against the State of Utah for failing to protect Charlie Kirk at Utah Valley University, a state school.
Many attorneys are signaling that Erika has an extremely strong case, and in her court documents, we find several bombshells regarding how the police failed to protect Charlie that day.
The first page of the court documents reads: “This document serves as a Notice of Claim against the State of Utah, Utah Valley University, the Utah Valley University Police Department, Jeffrey Long, Astrid Tuminez, and other state actors known and unknown.”
Their argument? That UVU promised Charlie protection and failed. Erika Kirk’s lawyers outlined six ways they failed in total:
1. Failure to understand the significance of Mr. Kirk’s visit to campus, which led to a lack of proper preparation.
Kirk’s lawyers cite a shocking admission from the UVU police: they did not have a security briefing before the event, despite it being one of the largest in their history. Officers also neglected to create a written security plan.
2. Deciding to permit the tour to take place in an outdoor venue without dedicating sufficient security resources to make that venue safe.
UVU is aware of the complex layout of the area where they hosted Charlie on September 10. I have been to the crime scene multiple times, including last week, and the number of positions a sniper could find to take a lethal shot is extensive.
The state will surely argue that TPUSA ultimately decided to hold the event there. This is likely the weakest point in Kirk’s intent to sue.
3. Assigning only six campus police officers to an outdoor event with thousands of attendees, despite requests for additional officers.
Roughly 3,000 people were present at the Charlie Kirk event. That’s one police officer per 500 people, representing only 25% of their total force. It will be difficult for the state to argue that UVU police weren’t negligent on that point, especially given their long-standing partnership with the Orem Police, which could have afforded them more manpower.
4. Failing to exercise its exclusive power to keep Mr. Kirk safe.
The police alone had the power to secure the UVU courtyard. While TPUSA had its own security, places with limited access, like rooftops, were the sole jurisdiction of UVU police. They also had unilateral authority to set up barriers and implement other crowd-control measures.
5. UVU put Mr. Kirk at additional risk by ignoring the specific tip it was given regarding the risk associated with rooftop access.
TPUSA received a message from a student and forwarded it to the police chief in charge:
“Hello Chief Long - we received this message today from the student group.... ‘there is student roof access pretty close to where [Charlie Kirk] will be set up at Utah Valley (The Sorensen Student center has a couple of staircases that go up to the walkways on the roof). If this is true, it would be nice to either have it controlled access or allow one of my guys to be there as well. If Possible.’”
Chief Long assured TPUSA it would be secured… it was not. That roof was the very place Tyler Robinson shot Charlie Kirk from.
6. The UVU Parties’ omissions, actions, and misconduct led to Mr. Kirk’s death.
Erika Kirk’s lawyers concluded that UVU should never hold any meeting or event on campus if they can’t reasonably assume it is safe to do so.
Erika Kirk’s Timing
Why drop the intent to sue now? The deadline to do so was one year after Charlie Kirk’s assassination. This notice was filed on September 9th.
Erika Kirk and her legal team needed as much time as possible to conduct this investigation. They also likely didn’t want to jeopardize the planned Charlie Kirk memorial event at UVU, which I attended.
With the case being as strong as it is, and with TPUSA being as busy as they are, I feel confident they will reach a settlement before it goes to trial.
Either way, we’ll keep you updated as more lawsuits are sure to come.
Good!!! May God bless her and her family!
Hope she breaks the state of Utah and there university and let the libs pay big and there days be few