Lawyers for Bryan Kohberger, the man charged with slaughtering four University of Idaho students, argued he should not face capital punishment because it’s inhumane to leave him in suspense over whether he would die by the needle or a firing squad if he’s convicted and sentenced to death.

Well, then, take your pick, prosecutors responded.

Kohberger, 29, a former Washington State University criminology student, could face the ultimate punishment in his trial for the 2022 slaughter of four students at their off-campus house in a crime that shocked the nation.

Kohberger’s defense argued Thursday that because there is a shortage of lethal injection drugs in the nation, Kohberger could have to face death by firing squad under Idaho law.

Defense lawyer Anne Taylor claimed it would be cruel and unusual punishment to make Kohberger wait years before he learns how he would be executed if found guilty.   

“It’s not a realistic option, I think, to have him sit on death row and say Idaho’s going to figure out how to kill you at some point in the future in a way that isn’t cruel and unusual and a violation of rights,” Taylor said. 

Prosecutor and Deputy Attorney General Jeffery Nye slammed the defense team’s reasoning, noting they can’t just ask for the death penalty to be thrown out without pitching its own idea for execution for what would be within the law.

“You don’t get to, at the beginning, short circuit the whole thing and say death is off the table because the current method is unconstitutional,” Nye said.

Idaho has had a troubled history with the death penalty, with its last execution taking place in 2012 following a nationwide shortage on the drugs.

Last year, Gov. Brad Little signed a law allowing death by firing squad in the case of a drug shortage. However, the state has not yet executed anyone by shooting them.

In February, the state sought to execute convicted murder Thomas Creech, 74, but staff failed to establish an IV line, delaying his death.

Another execution attempt was scheduled for Nov. 17, but a judge ordered a temporary halt.

Judge Steven Hippler also appeared doubtful over the defense’s argument, noting that courts found nothing cruel or unusual over Creech’s own decades-long wait.

Hippler also pointed out that the state could have enough time to find solutions to problems with its execution methods by the time Kohberger faces the death penalty — if he’s convicted.

Along with seeking to throw out the death penalty, the defense also called on the court to implement a special phase should his client be found guilty, leaving a jury to decide whether he is eligible for capital punishment.

Prosecutors also opposed this move.

Latah County prosecutors argue that Kohberger’s alleged crime warrants the death penalty due to four outstanding factors in the case.

The lawyers said that given the multiple victims, the horrific way in which they were massacred, Kohberger’s alleged “disregard for human life,” and the threat that he would allegedly kill again, all warrant his death by the state, according to court filings.

Taylor also claimed Kohberger was forced to waive his right to a speedy trial given the need to spend time dissecting the case — and has also faced delays over the fight over moving the trial.

Nye, however, pointed out that Kohberger willingly chose to waive his right to the speedy trial, with Hippler also doubting Taylor’s claim. 

The prosecutors also slammed the defense’s arguments that the death penalty should be thrown out because the punishment has grown out of favor in most of the US and across the Western world. 

Hippler said he would take the arguments under advisement and will rule at a later time.

Kohberger has pleaded not guilty to four counts of first-degree murder and burglary in the deaths of Madison Mogen, 21, Kaylee Goncalves, 21, and Xana Kernodle, 20, and Ethan Chapin, 20.  

The trial, which was moved to Idaho’s capital of Boise, is set to begin next August in a highly anticipated case for which the motive has yet to be publicly revealed.