'Hard to prove': Internet wonders why Idaho murders suspect Bryan Kohberger was not charged with stalking
This article is based on sources and MEAWW cannot verify this information independently
MOSCOW, IDAHO: Bryan Kohberger, 28, the sole suspect for the murders of four University of Idaho students was arrested on December 30 at his parents' home in eastern Pennsylvania, more than 2,500 miles away from the town of Moscow. Since, then a lot of details have emerged linking Kohberger to the killings, mostly from the probable cause affidavit that was released on January 5. The affidavit revealed that Kohberger was in the area of the murders at least 12 times before the killings and that the suspect left behind a knife sheath at the crime scene with his DNA on it. Also, the quadruple-murder accused was ‘seen’ by one of the survivors, Dylan Mortensen. An internet user recently wondered why Kohberger has not been 'charged for stalking', which prompted other users to give their opinion on the matter. Most of the user believed that the reason Kohberger hasn't been charged with stalking because it would be 'hard to prove'.
Four University of Idaho students, Ethan Chapin, 20, Xana Kernodle, 20, Madison Mogen, 21, and Kaylee Goncalves, 21, were stabbed to death on November 13 in their off-campus rental home on King Road in Moscow, Idaho. Kohberger, a PhD student in the Department of Criminal Justice and Criminology at the neighboring Washington State University, has been charged with four counts of first-degree murder and felony burglary charges. Kohberger waived his right to a speedy preliminary hearing as he appeared in court on January 12. On January 18, the records of evidence recovered from Kohberger's house were released. Cops searched Kohberger's Washington apartment and found possible animal hair strands, disposable gloves, and items with red and brown stains, as per the records. They have also recovered receipts, mattress covers, the dust container of a vacuum cleaner and a Fire TV stick.
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A Reddit user was curious as to why Kohberger wasn't 'charged with stalking'. "I’m curious why the incriminating stalking behavior isn’t included in charges against BK? Is it because he took it to the most extreme outcome, murder? Does that override the criminal behavior leading up to the crime?" wrote the user.
A user replied by saying that 'stalking would be hard to prove'. "The stalking, if it happened, would be hard to prove. Cell phone tower location data can be as much as a 25 mile radius," wrote the user. Another user agreed and added that 'being in the vicinity of someone’s home is not enough'. "To prove stalking they would probably have to have had a police report from the victim or evidence based on cellphone records and eye witnesses. Being in the vicinity of someone’s home is not enough," wrote the user.
Several users believe that there is 'not enough evidence'. "Probably did not have enough evidence to convict him of stalking when he was arrested and the affidavit was drafted/released to the Court," wrote a user. "There is no evidence of a course of conduct that alarmed, annoyed or harassed. If these victims were not even aware that he was observing or pursuing them multiple times, its not stalking," added another.
A user pointed out that 'a prosecutor can legally add charges', however believed that adding stalking charges 'wouldn't make much sense', while referring to the case. "Barring the tort of malicious prosecution, a prosecutor can legally add charges, for example, adding criminal trespass and assault to a burglary case. The cumulative penal risk arising from conviction of additional charges can sometimes be enough to convince a person to plead guilty on a single charge. So the prosecution is, in general, allowed to modify the state's claims against a person so they can add and drop charges based on numerous considerations. There is NO requirement that the prosecution file all tenable charges or forego the option of later adding charges. In this case, BK is facing four counts of first degree murder and one count of felony burglary. Bill Thompson is going to ask for the death penalty. It wouldn't make much sense to add a stalking charge since it would be second degree stalking (victims were over 16 years of age) which is a second degree misdemeanor in Idaho," wrote the user.
While a user believed that the prosecutor 'could be waiting to gather additional evidence before charging' Kohberger. "They could be waiting to gather additional evidence before charging him. They also could be strategically waiting until closer to trial so the defense doesn’t have as much time to prepare for those charges," wrote the user.
This article contains remarks made on the Internet by individual people and organizations. MEAWW cannot confirm them independently and does not support claims or opinions being made online.