University of Idaho student murders suspect Bryan Kohberger is now fighting for his life.
Prosecutors had 60 days since Kohberger's May 22 arraignment to inform the court and the defense that they planned to seek capital punishment.
They did so Monday in a court filing, alleging the 28-year-old "has exhibited a propensity to commit murder which will probably constitute a continuing threat to society."
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"I'm not surprised," said Neama Rahmani, a former federal prosecutor and Los Angeles-based trial attorney. "This is one of the most heinous murders in Idaho state history."
Kohberger is accused of killing Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20 and Ethan Chapin, also 20, in a 4 a.m. home invasion stabbing on Nov. 13, 2022.
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The three young women lived together in a six-bedroom home just steps off campus of the University of Idaho in Moscow with two other housemates who were not targeted. Chapin was dating Kernodle and visiting for the night – just days before the students would have left for Thanksgiving break.
"There are many aggravating factors supporting the imposition of the death penalty, including multiple victims who were brutally and senselessly stabbed," Rahmani told Fox News Digital. "After the state botched the death penalty in the Lori Vallow case by not complying with its discovery obligations, I expect them to be very aggressive in this case."
In their notice of intent to seek the death penalty, prosecutors also alleged there were no "mitigating" factors to offset the "aggravating" ones Rahmani mentioned.
However, prosecutors can still seek a lesser penalty or pursue a plea deal despite the latest filing, experts say.
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"If there was a case to seek the death penalty, it is certainly this one," said Edwina Elcox, a Boise-based defense attorney who had previously represented Vallow. "The prosecutor has to comply with the statutory timelines, but could ultimately decide not to pursue the death penalty."
"The gravity of the decision cannot be understated," Elcox told Fox News Digital. "But neither can the senseless murders of four young people with their whole lives ahead of them."
Kohberger is due back in court later Tuesday, as Judge John Judge is expected to hear arguments on several motions in the case.
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Judge entered not guilty pleas to each charge of first-degree murder and another of felony burglary at the arraignment last month. Kohberger, speaking in January through his Pennsylvania defense attorney prior to waiving extradition to Idaho, said he was looking forward to being exonerated.
The trial has been scheduled to begin on Oct. 2 and could take up to six weeks.
Kohberger was studying for a Ph.D. in criminology at the neighboring Washington State University, less than 10 miles from the crime scene. The school cut ties with him after his arrest.
He has a master's degree in criminal justice from DeSales University in Pennsylvania.
