A Utah judge is deciding whether prosecutors presented enough evidence to send Tyler Robinson to trial for aggravated murder in the killing of Charlie Kirk, a charge that could make the 23-year-old eligible for the death penalty.
By yourNEWS Media Newsroom
A Utah judge heard arguments Tuesday over whether Tyler Robinson should stand trial for aggravated murder in the killing of conservative activist Charlie Kirk, with prosecutors arguing that DNA evidence, online messages and the circumstances of the shooting establish probable cause while defense attorneys contend the case does not satisfy Utah’s aggravated murder statute.
District Judge Tony Graf was expected to announce his decision from the bench, according to state courts spokesperson Tania Mashburn.
The hearing at the Fourth Judicial District Courthouse in Provo followed five days of evidence presented by prosecutors in July. The state has characterized its case against Robinson as “overwhelming.”
Robinson, 23, is accused of fatally shooting Kirk last September while the Turning Point USA co-founder was speaking at an outdoor event at Utah Valley University.
Robinson turned himself in one day after the shooting.
He has not entered a plea. His attorneys have not presented an alternative explanation for Kirk’s death, focusing instead on preventing the case from proceeding to trial on the aggravated murder charge and seeking to remove the possibility of the death penalty.
Kirk’s parents, Robert and Kathryn Kirk, entered the courthouse arm in arm before Tuesday’s hearing. Kirk’s widow, Erika Kirk, was seated beside them.
Several local members of Turning Point USA also arrived carrying signs expressing support for Erika Kirk, but courthouse security told them the signs could not be brought onto court property.
Prosecutors Say Shot Endangered Thousands
A major issue before Graf is whether prosecutors have shown that the shooting created a sufficient risk of death to other people to support an aggravated murder charge.
Under the theory advanced by the prosecution, Robinson knowingly created such a risk by firing a high-powered rifle toward an event attended by more than 3,000 people.
“Tyler James Robinson shot and killed Charlie Kirk because he disagreed with him, and he did it by firing a high-powered rifle into a crowd of over 3,000 people, which created a great risk of death that anyone would know about,” Ryan McBride, a prosecutor with the Utah County Attorney’s Office, told the court.
McBride said a “mountain of evidence” identifies Robinson as the shooter, pointing to DNA testing, communications with Robinson’s romantic partner and messages allegedly posted by Robinson on Discord.
Defense attorney Staci Visser challenged the state’s interpretation of the aggravated murder statute, accusing prosecutors of trying to “shoehorn” the facts into a charge carrying significantly greater penalties.
Visser argued that Utah case law requires evidence showing a high probability that other people could have been killed, rather than merely a possibility.
Kirk was seated on an elevated stage and was not immediately surrounded by other people when a single shot was fired from a rooftop more than 400 feet away, she told the court.
“There is one shot. There is one bullet. There is one victim,” Visser said.
“There is zero evidence that there was any action taken towards other people.”
Judge Could Allow Lesser Murder Charge
Graf has several options.
He could find sufficient evidence for Robinson to proceed to trial on aggravated murder, which could expose him to the death penalty.
He could instead order Robinson to stand trial on a lesser murder charge.
Steve Burton, director of the Utah Defense Attorney Association, said a murder conviction would carry a minimum sentence of 15 years and a maximum of life imprisonment.
Graf could also dismiss the charges. Prosecutors would retain the ability to file them again.
The dispute over the aggravated murder count is separate from potential sentencing enhancements that prosecutors are seeking based on their allegation that Robinson targeted Kirk because of his political views.
Prosecutors Point to Bullet Inscription and Messages
Prosecutors have cited an engraved cartridge recovered with the suspected murder weapon as evidence that Kirk was targeted for political reasons.
The inscription read, “Hey Facist! CATCH!”
Prosecutors described the wording in court filings as an “overt political reference.”
The state has also cited a handwritten note Robinson allegedly left for his romantic partner.
“I had the opportunity to take out Charlie Kirk, and I took it,” the note read in part, according to prosecutors.
In another alleged message about Kirk, Robinson wrote: “I had enough of his hatred. Some hate can’t be negotiated out.”
Defense attorneys have argued that those materials do not provide sufficiently strong evidence to establish a political motive.
Before his death, Kirk and Turning Point USA had become major forces in conservative political organizing, particularly among young voters, and played a significant role in mobilizing support for President Donald Trump’s successful campaign for a second term.
DNA and Recorded Interview Central to State’s Case
During the July evidentiary hearing, investigators presented DNA evidence they said connected Robinson to the suspected murder weapon, a bolt-action rifle recovered with one spent round.
Investigators also said DNA evidence linked him to a tool allegedly used to engrave the cartridges.
Robinson’s defense attorneys have disputed the reliability of the DNA testing.
The prosecution’s evidence also includes statements from Lance Twiggs, identified as Robinson’s romantic partner.
In a recorded interview with investigators, Twiggs said Robinson told him the day after Kirk’s killing that “he wishes he hadn’t done it.”
Twiggs also told investigators that he had never heard Robinson discuss Kirk before the shooting.
Later that day, approximately one hour before surrendering to authorities, Robinson allegedly wrote “it was me at UVU yesterday” in an online chat room, investigators said.
Defense attorneys previously fought unsuccessfully to prevent the Twiggs interview from being publicly released, arguing that prosecutors would portray statements from the interview as a confession.
The defense maintains that the state has not met the legal threshold necessary to establish aggravated murder or prove the alleged political motivation.
Prosecutors contend that the shooting itself, combined with the physical evidence and Robinson’s alleged writings and online communications, is sufficient to move the case forward.
Graf’s ruling will determine whether Robinson proceeds toward trial on aggravated murder, faces a lesser murder charge or sees the current charges dismissed with the possibility that prosecutors could bring them again.
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