Charlie Kirk murder: Suspect Tyler Robinson’s lawyers tell judge to take potential death penalty off table

In a new court filing made public Tuesday night, lawyers for accused Charlie Kirk assassin Tyler Robinson are arguing that prosecutors haven't established a case for the potential death penalty.

Following Robinson’s week-long preliminary hearing in July, State District Judge Tony Graf said the hearing will resume on September 1 when prosecutors and the defense will make their final arguments.  The long break was implemented to give attorneys on both sides the benefit of seeing the court transcript of the preliminary hearing and time to submit written briefs arguing whether probable cause had been met for the case to proceed to trial. 

Robinson’s defense attorneys Kathy Nester, Michael Burt, Richard Novak and Staci Visser wrote a 41-page brief arguing that prosecutors didn't establish probable cause concerning the aggravating factor and that the shooting created a high probability of death to someone other than Kirk and that Robinson knew of that "high probability."

What they're saying:

The lawyers say without the aggravator, the potential death penalty would be taken off the table saying "The facts and the law require this Court to strike the sole aggravating factor."

They further said: "The State had over ten months to investigate the shooting death of Charlie Kirk and to develop legally sufficient evidence that Mr. Robinson 'knowingly created a great risk of death to another other than Charlie Kirk and the defendant,' the sole aggravator alleged in the Information which in theory exposes Mr. Robinson to the potential punishment of death."

 "The State’s presentation of its evidence as to this alleged circumstance in aggravation at the preliminary hearing in July 2026 wholly fails to carry its burden of proof,"…."The facts and the law require this Court to strike the sole aggravating factor. 

Robinson's lawyers also noted that there was only one shot fired that struck Kirk and no one else was hit.

The other side:

In their 28-page filing, prosecutors repeatedly point to evidence introduced during the preliminary hearing, including surveillance video.

Prosecutors have alleged that Robinson is the man who appears on surveillance video approaching a sniper's perch. According to investigators, the killer opened fire from a rooftop on the far side of the packed courtyard, which was full of spectators.

Investigators say the surveillance video tracked Robinson across Utah Valley University before and after the shooting, and DNA recovered from the suspected murder weapon, a fired cartridge casing, a towel and screwdriver, and eyewitness testimony placed the alleged gunman on the rooftop overlooking Kirk's event.

The backstory:

Robinson, 22, is charged with aggravated murder for the killing of Kirk. Kirk was speaking to a crowd of about 3,000 people on Sept. 10 at Utah Valley University in Orem when investigators say Robinson fired a single shot from a building about 140 yards away, striking Kirk, 31, and killing him. 

Robinson has not entered a plea.

 

Crime and Public Safety