‘I got you covered’: Alleged text to TPUSA organizer may shape Charlie Kirk family’s legal case

UTAH, UNITED STATES: Charlie Kirk’s family may have a possible way around Utah’s broad governmental immunity protections as it considers legal action over his death. A text from Utah Valley University Police Chief Jeffrey Long telling organizers “I got you covered” after concerns were raised about rooftop security could become an important part of that case.

The family filed a notice of claim last week against the state of Utah, Utah Valley University and key officials, alleging that security failures at the event led to Kirk’s death. The filing claims officials had acknowledged responsibility for protecting rooftops around the campus courtyard, but the security measures allegedly fell short.

Kirk was shot and killed by a sniper on a rooftop during the event.

Charlie Kirk's family faces Utah governmental immunity hurdle

The legal battle may not be straightforward because of the Utah Governmental Immunity Act, which provides broad protections to government entities and employees from many civil damages claims.

Randolph Rice, a Maryland-based attorney and former prosecutor who is following the case, said the law could make it difficult for Kirk’s family to pursue a civil claim against the state and university.

“Utah law makes it very difficult for the Charlie Kirk family to proceed with a civil claim against the state and the university,” Rice said.

He pointed to a lawsuit brought by the family of Gabby Petito against the Moab Police Department as an example of how governmental immunity can affect such cases.

A judge dismissed that case on governmental immunity grounds, although the Petito family is appealing.

“Generally speaking, they are immune from any type of civil suit, meaning money damages,” Rice said. 

But he said Kirk’s family could potentially argue that they relied on the assurance given by the university police chief.

Jeffrey Long text could become key to Charlie Kirk lawsuit

According to the family’s notice of claim, Turning Point USA organizers had raised concerns about access to rooftops around the campus courtyard before the shooting.

Jeffrey Long allegedly responded with the message, “I got you covered.”

For Rice, that message could become important because the family may argue that organizers relied on the assurance that the rooftop would be protected.

“What they're going to try to do is, and I'm guessing this, is they're going to say, look, because of the fact that they detrimentally relied on that, we're not bound by the Governmental Immunity Act,” Rice said.

He added that the family could argue that the assurance allows them to “pierce that veil” and pursue claims against the university, police chief and government agencies.

The notice of claim alleges there was no physical police presence on the rooftop and that nobody was watching camera feeds in real time as the suspect came and went.

Charlie Kirk's family says security promises were not followed

Brett Parkinson, an attorney for Kirk’s family, said the family believes the shooting could have been prevented if the security commitments had been carried out.

“His murder was entirely preventable and, in fact, would not have happened had the State of Utah and UVU followed through on their stated security promises, which included protecting the rooftops surrounding the quad where Charlie was speaking,” Parkinson said.

He said the alleged failures had consequences far beyond the event itself, saying they “robbed his family of their husband, father, son, and brother.”

Skye Lazaro, a Salt Lake City-based attorney following the case, said she could not say for certain whether Long’s text would be enough to overcome the immunity law.

However, she said the message could strengthen the family’s position if it decides to follow up with a lawsuit.

“Utah has broad government immunity laws that specifically protects government agencies and employees from liability for someone else’s criminal actions, even when they fail to perform their job functions,” Lazaro said.

She also noted that such cases can sometimes be settled outside court.

Meanwhile, lawyers for 23-year-old Tyler Robinson pleaded not guilty on his behalf at his September 1 arraignment. Robinson could face the death penalty if convicted of aggravated murder.