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.

Podcaster Jennifer Welch called for the defeat of Vice President JD Vance and urged people to keep "pistols firing" toward him, drawing criticism on social media Tuesday.

During a recent segment on the "I’ve Had It" podcast, Welch condemned Vance, arguing that, during his "woke era," he married second lady Usha Vance, an Indian American, and had children but now views his family as a burden as he seeks to portray himself as President Donald Trump's successor as leader of the MAGA movement.

"I don't know what Peter Thiel did to him. I can only imagine," she said of the billionaire megadonor who has been a longtime benefactor of Vance. "You can only imagine.

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"But he came out a complete antichrist-style sociopath," Welch continued. 

"And considering that's all Peter Thiel talks about, the antichrist, when he himself acts like one and now his little protégé acts like one. JD Vance thinks two years from now he's going to be president of the United States, and we need to keep firing, pistols firing at all time towards this guy, because he is not fit to be a father. 

"He's not fit to be a husband. He's not fit to be a vice president.

"He is a failed drag queen and a pathological liar to his core," she added. "And if he wants to inherit this cult, let him have it. Let him have it. And we will go to the polls and kick their a----."

The segment was widely shared on social media, drawing criticism from commentators.

Political rhetoric invoking violence, even when used metaphorically, has faced heightened scrutiny after the assassination attempts against President Donald Trump and the 2025 killing of Turning Point USA co-founder Charlie Kirk.

Shortly after Kirk’s death in 2025, Welch laughed on her podcast as she shared footage of a "No Kings" protester celebrating Kirk’s death, adding that Democrats needed to cater to such voters going forward.

"So, listen up, Democratic establishment," Welch had said on her podcast. "You can either jump on board with this s---, or we're coming after you in the same way that we come after MAGA. Period."

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Elizabeth Pipko, host of "Made in America with Elizabeth Pipko" and a former Republican National Committee national spokesperson, spoke to Fox News Digital about the viral clip.

"The use of the word 'pistols' and the suggestion that people need to keep firing them at Vice President JD Vance is not just horrific and dangerous. It's the kind of rhetoric that raises serious questions about whether a threat has been made and whether authorities may need to investigate," Pipko said. 

"But what makes these comments particularly disturbing is the context surrounding them," she continued. "Normally, when a public figure is condemned for inflammatory language, there's an argument that emotions got the better of them, that their words were taken out of context and that they never intended to suggest violence. Here, the rest of the statement strongly suggests otherwise.

"Jennifer Welch’s words show she knew what she was doing and saying and is proud of that, regardless of any potential risk to the vice president or his family," Pipko added. "And, frankly, I don't know where anyone finds the arrogance or cruelty to tell someone who they don’t know personally that they're unfit to be a husband or a father.

"Political disagreements are one thing. This is vile. You don't have to like JD Vance. You don't have to agree with a single policy he supports," she said. 

"But condemning language that invokes violence against him should be the easiest thing in the world. And I sincerely hope that anyone on the left who encounters her or these comments chooses to speak out."

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The White House, Vance’s team and Peter Thiel did not immediately respond to Fox News Digital's requests for comment.

Erika Kirk is urging a judge to reject a defense proposal that would push the trial of her husband's accused killer into 2029, asking the court to set a trial date in 2027.

In a new court filing obtained by Fox News, Kirk's legal team blasted the defense's proposed timeline as "grossly out of line" with comparable cases, asking the court to schedule the trial for the earliest practicable date in 2027.

Kirk's team also argued that prolonged delays would deepen the emotional toll on the Kirk family, particularly Charlie Kirk's two young children, and cited a report that Robinson's defense had already cost taxpayers approximately $1.6 million in its first year.

"Every additional day of delay carries the weight of all that Charlie's murder has taken from his family, especially his two young children who were just three and one year old when their father was murdered and would be seven and five years old by the time a verdict is handed down under the Defense's proposed schedule," the filing reads.

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Kirk's attorneys cited Utah law guaranteeing crime victims the right to a speedy disposition of charges without unwarranted delay. They also asked the court to require monthly progress reports or status conferences and to consider the family's interests before granting scheduling extensions.

Tyler Robinson's defense team proposed a tentative trial start date in the third quarter of 2029, arguing that setting a firm date now would create "false precision" and could jeopardize Robinson's constitutional rights in a death penalty case, where, as the defense noted, "death is different."

The defense cited pretrial motions it plans to file through 2029, the volume of evidence still awaiting review and the complexities of jury selection as reasons for the proposed timeline.

"From the point of view of defense counsel, appointment to a capital case brings with it a slew of responsibilities that apply in no other context," the defense memorandum states.

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Robinson's attorneys argue that they must review evidence related to both guilt and potential sentencing before trial and that additional evidence is still being processed, making it premature to establish a firm trial date.

"It will create unrealistic expectations for the public and the victim's representative, it may cause counsel for both parties to give short shrift to constitutionally required activities, it may rush this Court to deliberate upon and enter rulings on important and complex pretrial motions, and it may jeopardize Mr. Robinson's right to a capital proceeding that has the utmost reliability," the defense states.

While prosecutors expect to be ready for trial by Oct. 4, 2027, Utah County Attorney Jeffrey S. Gray argued that beginning the trial in October would mean proceedings would stretch through the Thanksgiving and Christmas holidays.

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"The State therefore proposes that the Court schedule the trial to begin January 31, 2028," the prosecution's memorandum states.

Prosecutors estimate the trial would take approximately 17 weeks, while Robinson's defense team anticipates proceedings lasting six to seven months.

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In September 2026, Robinson, 23, was ordered to stand trial on seven charges, including aggravated murder, in the fatal shooting of Charlie Kirk at a Turning Point USA event at Utah Valley University Sept. 10, 2025.

Robinson could face the death penalty if convicted.