PROVO, Utah — A Utah Supreme Court case arising from the 2021 murder of Gabby Petito could help clear a legal path for Charlie Kirk’s family to file a wrongful death lawsuit over alleged security lapses at the Turning Point USA event where he was killed last year, an attorney involved in the appeal said.
“Right now, Kirk’s claims, if filed, would likely be dismissed, like Gabby Petito’s claims were dismissed on that basis,” said Brian Stewart, an attorney for Petito’s family who is working on the Utah wrongful death appeal. “We would need the Utah Supreme Court to overturn Tiede to pave the way for Charlie Kirk’s family to proceed.”
The reference is to Tiede, a 1996 Utah Supreme Court ruling that upheld the dismissal of a lawsuit connected to the 1990 murders of Kay Tiede and her mother, Beth Potts. The two Texas women were killed by two parolees who attacked their family after leaving a halfway house, according to the Deseret News, which reported on the case at the time.
This undated portrait of Gabby Petito inspired a mural painted in her hometown of Blue Point, New York. (Family of Gabby Petito)
The ruling affirmed the constitutionality of Utah’s governmental immunity law as it applies to wrongful death claims. Stewart said the law bars such claims against government entities when the injury results from an assault or battery committed by a third party.
At the heart of the Petito family’s appeal is its contention that the Utah Constitution prevents lawmakers from restricting or eliminating the right to seek damages for wrongful death.
The family sued the Moab Police Department, alleging that officers acted negligently during a traffic stop involving Brian Laundrie two weeks before he killed Petito. A judge dismissed the lawsuit under governmental immunity protections.
Charlie Kirk speaks at Utah Valley University on Sept. 10, 2025, in Orem, Utah. Kirk, the founder of Turning Point USA, was addressing supporters during his “American Comeback Tour” when he was shot in the neck and killed. (Trent Nelson/The Salt Lake Tribune/Getty Images)
Kirk’s family filed a notice of claim in September, taking the first step toward a potential lawsuit. Their attorneys alleged that Utah Valley University, the state of Utah and several officials failed to secure the event adequately, despite acknowledging responsibility for rooftop security. The alleged failures, they said, contributed to Kirk’s wrongful death on Sept. 10, 2025.
The filing alleges that UVU Police Chief Jeffrey Long told Turning Point USA organizers, “I got you covered,” after they raised concerns about access to rooftops overlooking the campus courtyard.
Sgt. Jennifer Faumuina of the Utah Department of Public Safety gestures toward a map of the Utah Valley University campus during a preliminary hearing for Tyler Robinson, who is accused in the fatal shooting of Charlie Kirk, at the Fourth District Courthouse in Provo, Utah, Thursday, July 9, 2026. (Spenser Heaps/AP via Pool)
Prosecutors allege that a sniper positioned on a rooftop across the courtyard shot and killed Kirk.
Still, Stewart said, the text message may not be sufficient to overcome Utah’s broad governmental immunity protections.
A view of the location where Charlie Kirk was shot. (Alec Thornock for News Media)
“It’s another act of negligence that contributed to Charlie’s vulnerability and ultimate death, but it really wouldn’t change the applicability of the statute,” Stewart said. “It’s similar in the Petito case. The parents of Gabby might have brought her home, might have intervened, but they relied on the analysis of the police on the scene, who said, ‘It’s no big deal, we’re not even gonna arrest anybody.’”
That response gave the impression that the situation was under control, Stewart said, comparing it with Long’s alleged assurance to the organizers.
The Petito family maintains that Tiede does not govern its case. Alternatively, the family argues the precedent should be overturned because the Utah Constitution states: “The right of action to recover damages for injuries resulting in death, shall never be abrogated.”
Floral tributes and a sign for a prayer vigil sit beside large concrete planters at Utah Valley University in Orem, Utah, at the site where Turning Point USA founder Charlie Kirk was fatally shot one year ago. Turning Point USA is holding its “Freedom Built to Last” memorial service on campus today, Sept. 10, 2026, to mark the first anniversary of his death. (Getty Images)
Stewart said attorneys for Kirk’s family have also taken steps toward a possible federal lawsuit.
Tyler Robinson, the 23-year-old man accused of killing Kirk, pleaded not guilty through his attorneys at an arraignment on Sept. 1. If convicted of aggravated murder, the top charge, he could face the death penalty.
He’s due in court Friday afternoon for a scheduling hearing.