Idaho Murder Update: Bryan Kohberger Indicted After Taking 'Big Gamble'

A grand jury on Wednesday indicted Bryan Kohberger in the killings of four University of Idaho students, calling into question the defense strategy of waiving his right to a speedy trial.

Kohberger is accused of breaking into an off-campus rental home in Moscow, Idaho, in the early hours of November 13 and fatally stabbing four students: Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20. Kohberger was set to have a preliminary hearing in June to determine if prosecutors had enough evidence to continue with the case, but now that hearing is moot and the 28-year-old will enter a plea.

Shanon Gray, an attorney for the Goncalves family, confirmed to Newsweek that the grand jury indicted Kohberger and that he will enter his plea at 9 a.m. Monday. Kohberger was charged with one count of burglary and four counts of murder in the first degree, all felony charges.

Former FBI Agent Jennifer Coffindaffer said the decision to convene a grand jury likely stemmed from Kohberger's decision to waive his right to a speedy trial. By doing so, the defense gave the prosecution time to gather a grand jury—a loss for the defense, according to Coffindaffer.

"I thought it was a huge mistake at the time, it opens the door for the grand jury," Coffindaffer told Newsweek.

It's unclear when the defense found out about the grand jury, as Coffindaffer said it's conducted in "complete silence."

A preliminary hearing and a grand jury accomplish the same task: to determine probable cause. In the instance of a preliminary hearing, a judge hears evidence from the prosecution, including witness testimony, and makes the ruling. In an Idaho grand jury, a group of 16 jurors hears the evidence and makes the decision.

Most times, the legal defense prefers a preliminary hearing, which allows them the opportunity to cross examine witnesses and hear evidence from the prosecution. With a grand jury, the defense isn't even in the room. The chances of the grand jury determining probable cause are high.

Waiving its rights to a speedy trial was a "big gamble" that didn't bode well for the defense, Coffindaffer said.

Kohberger, a graduate student at Washington State University, in Pullman, Washington, was arrested at his parents' home in Pennsylvania on December 30. A lawyer who previously represented him said he was "eager to be exonerated."

Kohberger was arrested on December 30 after police compiled various evidence, such as collecting DNA from a knife sheath discovered at the scene. That DNA connected investigators to Kohberger's father, revealing him as someone who could be biologically linked to the suspect. Phone records revealed that Kohberger was near the scene 12 times prior to the killings, and one of the surviving housemates, Dylan Mortensen, saw an unknown person in the house the night of the murders that police said matched Kohberger's description.

The other surviving housemate, Bethany Funke, was in the basement at the time of the killings and did not see the suspect or the scene. In April, Kohberger's legal team called for Funke to testify but withdrew the request after her attorney said she would agree to an interview with Kohberger's defense team, which argued that Funke's knowledge of the events was "exculpatory."

Update 5/17/23, 2:15 p.m. ET: This story was updated with Kohberger's charges.