Defense lawyers for Tyler Robinson are asking a Utah judge to eliminate the possibility of capital punishment, arguing prosecutors have not established the aggravating factor required to make the death penalty available in the killing of Charlie Kirk.
By yourNEWS Media Newsroom
Attorneys representing Tyler Robinson, the 23-year-old man accused of assassinating conservative activist Charlie Kirk, are asking a judge to remove the death penalty from consideration before the case proceeds toward trial.
In a 41-page filing, defense attorneys Kathy Nester, Michael Burt, Richard Novak and Staci Visser argue that prosecutors have failed to establish the aggravating circumstance necessary under the law to keep capital punishment available.
The dispute centers on the prosecution’s contention that the shooting created a high probability that someone other than Kirk could have been killed and that Robinson knew of that danger.
Robinson’s attorneys contend that the factual record and governing law require the court to “strike the sole aggravating factor,” Fox News reported.
If Judge Tony Graf Jr. agrees with the defense and removes that aggravating factor, prosecutors would no longer be able to seek the death penalty in the case.
The filing comes after a preliminary hearing held in July, when Graf gave both the prosecution and defense additional time to submit written arguments before he determines whether sufficient probable cause exists for Robinson to stand trial.
Prosecutors allege Robinson fatally shot Kirk on Sept. 10, 2025, while Kirk was appearing at a Turning Point USA event at Utah Valley University.
Kirk was addressing a crowd of more than 2,000 people when a single bullet struck him in the neck, killing him.
The defense motion does not resolve the underlying murder charge. Instead, it asks the court to decide whether the prosecution has established the specific aggravating circumstance required to expose Robinson to a possible death sentence.
Graf must separately determine whether the evidence presented by prosecutors meets the probable-cause standard necessary for the case to proceed to trial.
The latest filing therefore places two consequential legal questions before the court: whether Robinson should be ordered to stand trial in Kirk’s killing and, if so, whether capital punishment may remain among the penalties prosecutors can pursue.
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