A five-day preliminary hearing began Monday as prosecutors seek to move Tyler Robinson toward trial and preserve the possibility of the death penalty in the killing of Charlie Kirk.
By yourNEWS Media Newsroom
Utah prosecutors began laying out their case Monday against Tyler Robinson, the 23-year-old accused of assassinating conservative activist Charlie Kirk, as a state judge considers whether the evidence is strong enough for the case to proceed to trial.
The preliminary hearing before state District Judge Tony Graf is scheduled to last five days and is expected to be the most substantial public presentation so far of the evidence against Robinson.
A livestream of the proceeding is available here.
WATCH:
Robinson is charged with aggravated murder in the Sept. 10 shooting of Kirk at Utah Valley University. Kirk, a close ally of President Donald Trump and co-founder of Turning Point USA, was speaking to a crowd of thousands on campus when he was shot.
Robinson turned himself in the day after the shooting. He has not yet entered a plea, and his attorneys have not publicly commented on whether he is guilty or innocent. The defense has sought to remove the death penalty as a possible punishment, but those efforts have so far been unsuccessful.
Kirk’s parents and widow, Erika Kirk, attended court Monday for the first time in the case. Donald Trump Jr., the president’s son, was also present. Robinson’s parents sat a few rows behind the Kirk family as the hearing opened.
Kirk’s family left the courtroom after the prosecution’s first witness, a police officer, began testifying about Kirk’s arrival on campus the day he was killed.
Robinson sat between his attorneys wearing a gray suit, with his wrists shackled to a chain around his waist. He watched prosecution exhibits on a monitor and occasionally took notes.
Chief Deputy Utah County Attorney Chad Grunander told Graf that prosecutors expect to introduce between 40 and 50 exhibits during the hearing, including multiple videos from the Sept. 10 shooting.
The videos will be displayed on a courtroom monitor positioned so they will not be captured by the press videographer in the courtroom, Graf said.
The prosecution’s first witness, former Utah Valley University police officer Chris Bagley, testified that he could see the right side of Kirk’s body as Kirk spoke on campus. Bagley said Kirk was answering a question when he heard a gunshot, followed by chaos as people began running.
Prosecutors do not need to prove Robinson’s guilt beyond a reasonable doubt at this stage. Instead, they must show reasonable grounds to believe Robinson committed the charged offenses. If Graf finds enough evidence, Robinson will be bound over for trial.
Prosecutors have said they plan to present DNA evidence linking Robinson to the suspected murder weapon, testimony from investigators, autopsy findings, witness statements and video of the shooting.
They are also expected to argue that the shooting endangered others at Kirk’s campus event, an aggravating circumstance that could make the crime punishable by death under Utah law.
The case could also hinge in part on statements prosecutors say Robinson made to his roommate, who was also his romantic partner.
Prosecutors allege Robinson left a note for the roommate that read, “I had the opportunity to take out Charlie Kirk and I’m going to take it.”
The roommate is not expected to testify in person during the hearing, but recorded testimony from the roommate could become a central part of the state’s presentation. Prosecutors may use hearsay during the preliminary hearing to help establish probable cause.
In addition to the alleged confession note, prosecutors have said Robinson texted his roommate that he targeted Kirk because he “had enough of his hatred.”
Before his death, Kirk and Turning Point USA played a major role in mobilizing young conservative voters who helped Trump win a second term. Trump has said he hopes Robinson receives the death penalty.
Erika Kirk said during her husband’s memorial service that she forgives Robinson. Before Monday’s hearing, she posted a statement on X thanking supporters for their prayers and kindness.
“Every court proceeding serves as a painful reminder of his death,” she wrote, “and the loss that has irrevocably impacted our lives and the lives of his children.”
She said the public outpouring “has sustained us during the darkest days of our lives.”
Erika Kirk is expected to attend court throughout the week with Kirk’s parents, Robert and Kathryn Kirk, according to a person familiar with the situation who spoke on condition of anonymity because they were not authorized to speak publicly.
Once the preliminary hearing concludes, Graf will decide whether prosecutors have met the threshold required to send the case to trial. If the case advances, Robinson will be expected to enter a plea as prosecutors continue pursuing capital punishment.