Idaho murders case: Bryan Kohberger’s likelihood of firing squad execution if convicted increases

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Bryan Kohberger can face death penalty if convicted in students’ murders, judge rules

Chanley Painter joins ‘Fox & Friends First’ to discuss judge’s death penalty ruling in Idaho college murder case. 

Idaho is one step closer to becoming the first state to use a firing squad as its primary execution method, months ahead of the start of college murder suspect Bryan Kohberger’s trial.

So far, only Idaho, Utah, South Carolina, Oklahoma and Mississippi allow firing squads for executions. However, the firing squad is not the primary death penalty method used in any of those states, according to data received from the Death Penalty Information Center by the Idaho Capital Sun.

House Bill 37 moved to the Senate floor for a vote after passing the Senate Judiciary and Rules Committee on Wednesday, the outlet reported. 

As of now, lethal injection is the primary execution method in Idaho as nine people are currently on death row in the state.

BRYAN KOHBERGER CASE: IDAHO MAKES KEY MOVE ON FIRING SQUAD EXECUTIONS

Bryan Kohberger, right, who is accused of killing four University of Idaho students in November 2022, is escorted into a courtroom for a hearing in Latah County District Court, Thursday, Jan. 5, 2023, in Moscow, Idaho.  (AP Photo/Ted S. Warren/Pool)

Bill sponsor Rep. Bruce Skaug, who previously pushed for legislation that restored the firing squad as a backup option to lethal injection, argued that the botched lethal injection of condemned serial killer Thomas Eugene Creech last year highlights problems with that method.

“I, along with many others, believe the firing squad is more certain, has less appellate issues, and is more humane than other forms of execution,” Skaug previously told Fox News Digital.

Creech was the fourth condemned inmate in the U.S. to survive his scheduled lethal injection in just a few years.

IDAHO SUSPECT BRYAN KOHBERGER’S BLOODY NEW DEFENSE CLAIM COULD FALL APART UNDER SIMPLE THEORY, PROFILER SAYS

The execution chamber at the Idaho Maximum Security Institution is shown as Security Institution Warden Randy Blades look on in Boise, Idaho, on Oct. 20, 2011. (AP Photo/Jessie L. Bonner, File)

While discussions of using firing squads have become more common in recent years, one Republican lawmaker is opposed to the bill passing. 

“It’s cruel, and it’s inhumane,” Sen. Dan Foreman, R-Viola, told the committee, according to the Capital Sun. “I think, quite frankly, it’s beneath the dignity of the state of Idaho. I say that with no animosity directed at anybody, but since I’m sitting here, I have an obligation to tell you how I feel on any given bill.” 

IDAHO MURDERS SUSPECT BRYAN KOHBERGER’S MENTAL HEALTH RECORDS GIVEN TO PROSECUTORS AS HE FIGHTS DEATH PENALTY

Map showing Idaho murder suspect Bryan Kohberger’s movement on the morning of Nov. 13 after four University of Idaho students were stabbed in their home. (Latah County Sheriff’s Office/Derek Shook for Fox News Digital)

Foreman was the only Republican on the committee to oppose the bill, according to the outlet.

House Bill 37 must pass the Idaho House and Senate and avoid the governor’s veto to become law. 

The bill advances as prosecutors are seeking the death penalty for Kohberger, who is accused in the stabbing deaths of four University of Idaho students: 21-year-olds Madison Mogen and Kaylee Goncalves and 20-year-olds Xana Kernodle and Ethan Chapin.

A Boise-based defense attorney, Edwina Elcox, who has been following the case closely, previously told Fox News Digital that Kohberger’s mental health could also be a potential mitigating factor that spares his life, if convicted.

“I would imagine those records were given to the prosecution because there is something the defense wants them to consider. Obviously, there is no insanity defense in Idaho. So, whatever those records show is likely as some sort of mitigation,” Elcox explained.

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The court documents show the mental health records were initially handed over on Jan. 9, almost two months after Ada County Judge Steven Hippler ruled Kohberger can face the death penalty if convicted.

The trial is scheduled for later this year. Kohberger faces four charges of first-degree murder and another charge of felony burglary.

A judge entered not-guilty pleas on his behalf at his arraignment. 

Fox News Digital’s Michael Ruiz contributed to this report. 

Stepheny Price is a writer for Fox News Digital and Fox Business. She covers topics including missing persons, homicides, national crime cases, illegal immigration, and more. Story tips and ideas can be sent to stepheny.price@fox.com