Kirk Family Files Notice of Claim Alleging UVU Security Failures Left Charlie Kirk Exposed to Rooftop Shooter

Lawyers for Charlie Kirk’s family filed a notice of claim with the Utah Attorney General’s Office on Sept. 9, a day before the first anniversary of his killing, alleging that security decisions at Utah Valley University left him “helpless” to a rooftop assassin. The filing is not a lawsuit. Under Utah law, a spouse, child, or parent seeking damages for a death attributed to a government employee’s negligence must give notice within one year and may file a lawsuit within two years. The document preserves that right and describes potential damages as “substantial” without naming a dollar figure. Prospective plaintiffs listed include Kirk’s widow, Erika Kirk; their two minor children, identified by initials; and, potentially, his parents, Robert and Kathryn Kirk. Attorneys D. Loren Washburn, Brett Parkinson, and Clifford Parkinson signed the notice.

The notice names as prospective defendants the State of Utah, Utah Valley University, the UVU Police Department, Police Chief Jeffrey Long, then-President Astrid Tuminez, and other state actors described as the “UVU Parties.” Kirk, 31, founder of Turning Point USA, was shot in the throat on Sept. 10, 2025, while taking questions at an outdoor American Comeback Tour event in a campus courtyard in Orem. Prosecutors say Tyler Robinson, 23, fired from the roof of the Losee Building more than 400 feet away. Robinson has been bound over for trial on charges that include aggravated murder; prosecutors are seeking the death penalty. He has pleaded not guilty. The family notice does not sue Robinson. It accuses the university and the state of creating a “foreseeable danger.” “Through a series of stunning failures and reckless decisions, the UVU Parties created a foreseeable danger to Charlie,” the document states. “Those decisions ultimately rendered Mr. Kirk helpless to the rooftop shooter in an assassination that could have been avoided had the UVU Parties only taken reasonable steps to plan and oversee a safe event, steps outlined below that have been standard practice for other universities hosting controversial speakers.” Brett Parkinson said in a statement that the killing “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.”

The notice alleges UVU did not conduct a “meaningful risk assessment,” had no written security plan, and held no security briefing before an outdoor event that drew about 3,000 people. It says Long requested more than six officers—about a quarter of the campus force—and that the request was denied. After the shooting, Long has said six officers staffed the event and coordinated with Kirk’s eight-person private detail. The filing says first responders were not immediately available and that Kirk was taken to Timpanogos Regional Hospital in a private vehicle, not an ambulance. It also alleges the university did not monitor cameras in real time or use drones, measures the family says could have shown a person preparing on a roof. The notice cites a Turning Point USA text to Long relaying a student-group warning that “there is student roof access pretty close to where [Charlie Kirk] will be set up” at the Sorensen Student Center, with staircases to rooftop walkways. According to the filing, Long replied, “I got you covered.” Prosecutors say the shot came from the Losee Building roof, west of that area. The family argues rooftop risk should have been “especially top-of-mind” after the July 2024 attempted assassination of President Donald Trump from a roof in Butler, Pennsylvania. The notice also raises a “state-created danger” claim under the Constitution. Washburn wrote that UVU “took none of these safety measures—steps only they had the authority to take.”

The Utah Attorney General’s Office and UVU did not immediately comment when the notice became public Wednesday. Current UVU President Jon Anderson, who took office after the shooting, has said a comprehensive after-action review is still being completed. The university has not released that report. No complaint has been filed in court. The notice starts the statutory clock that would allow Erika Kirk and the children to sue the named public entities and officials if they choose to proceed before the two-year deadline.