PROVO, Utah — A Utah Supreme Court battle stemming from Gabby Petito's 2021 murder could "pave the way" for Charlie Kirk's family to pursue a wrongful death lawsuit over alleged security failures surrounding his assassination at a Turning Point USA event last year, according to an attorney involved in the appeal.

"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 the family of Gabby Petito who is working on the appeal involving their own wrongful death claim in the Beehive State. "We would need the Utah Supreme Court to overturn Tiede to pave the way for Charlie Kirk's family to proceed."

Tiede refers to a 1996 Utah Supreme Court decision upholding the dismissal of a lawsuit over the 1990 murders of Kay Tiede and her mother Beth Potts, two Texas women killed by a pair of men on parole who attacked their family after walking away from a halfway house, Deseret News reported at the time.

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The decision upheld the constitutionality of the state's governmental immunity law as applied to wrongful death claims, which Stewart said are barred against governmental entities when the injury arises from a third-party assault or battery.

Central to the Petito appeal is the argument that Utah's Constitution prohibits lawmakers from limiting or eliminating the right to recover for wrongful death.

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Her family's lawsuit against the Moab Police Department alleged that officers were negligent in their response to a traffic stop involving Brian Laundrie two weeks before he killed her. A judge dismissed the case on governmental immunity grounds.

In September, Kirk's family filed a notice of claim, which is a precursor to a lawsuit. Their attorneys alleged that Utah Valley University, the state of Utah and key officials failed to properly secure the event even after acknowledging responsibility for rooftop security, leading to his wrongful death on Sept. 10, 2025.

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Among the claims in the filing, UVU Police Chief Jeffrey Long allegedly told Turning Point USA organizers "I got you covered" when they raised concerns about rooftop access around the campus courtyard.

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Prosecutors say a sniper perched on a rooftop on the other side of the courtyard shot and killed Kirk.

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But that text message may not be enough to overcome Utah's expansive governmental immunity protections, Stewart said.

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"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," he 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.'"

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That created the impression that things were taken care of, he said, likening it to Long's alleged assurance.

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The Petito family argues Tiede does not apply to its case and, if it does, should be overturned because the Utah Constitution says: "The right of action to recover damages for injuries resulting in death, shall never be abrogated."

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Lawyers for Kirk's family have also laid the groundwork for a potential federal claim, Stewart said.

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Kirk's accused assassin, 23-year-old Tyler Robinson, pleaded not guilty through his own attorneys at his arraignment on Sept. 1. He could face the death penalty if convicted of the top charge of aggravated murder.

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He's due in court Friday afternoon for a scheduling hearing.

A Utah man is facing several charges, including attempting to commit a hate crime, after he allegedly threatened to "blow up" a synagogue.

Skyler AJ Rose, 22, of Ogden, was indicted by a federal grand jury on Wednesday, on multiple federal charges, including possession of an unregistered destructive device, threatening to kill or injure people and destroy a building with an explosive, and attempting to commit a hate crime, among other offenses, according to the U.S. Attorney's Office for the District of Utah.

"There is no place for hate-motivated violence — attempts or otherwise — in our communities. A place of worship should be a refuge of safety, not fear," U.S. Attorney Melissa Holyoak for the District of Utah said in a statement. "Thanks to the dedicated work of the FBI and the outstanding efforts of our local police partners, these alleged threats were identified and stopped before anyone was harmed. Let these charges serve as a clear warning: if you attack or attempt to attack a place of worship, you will face the full force of the federal government."

On Dec. 23, 2025, Rose allegedly made multiple threatening posts on social media, according to court documents.

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"I wanna blow up a synagogue," one of the posts read, according to prosecutors.

An investigation was launched and authorities learned that the posts were made from an IP address tracing back to Rose's home. The FBI then contacted the Ogden City Police Department to assist with a home visit where authorities said they confirmed the social media handle belonged to Rose.

Investigators executed a search warrant and recovered six improvised explosive pipe bombs and one inert device, explosive precursors and components that officials say could be used to construct further improvised explosive pipe bombs, a black Samsung cellphone and two rifles with accompanying magazines and ammunition, prosecutors said.

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A subsequent search of Rose’s cellphone revealed that Rose searched online for a synagogue near him in November 2025.

"Today’s indictment stops in its tracks an alleged plan to carry out a violent attack on a synagogue," Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division said in a statement. "The Department of Justice will take decisive action to protect American worshippers from violent threats, no matter where they occur."

Special Agent in Charge Robert Bohls of the Salt Lake City FBI added that "no one should have to fear for their safety because of their faith."

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"Every person deserves to worship freely, without threats, intimidation or fear," Bohls said. "The FBI takes every threat seriously. Thanks to the swift, seamless collaboration with our law enforcement partners, we were able to address the threat and protect lives from potential physical harm."

The investigation also allegedly revealed evidence of child sexual abuse material on Rose's cellphone, including hundreds of cached images and screenshots depicting child sexual abuse material, according to prosecutors. Rose was also indicted on charges of receipt and possession of child pornography.

Rose's initial appearance is scheduled for Oct. 23 in federal court in Salt Lake City.