Attorneys for the man accused of assassinating conservative activist Charlie Kirk are arguing that prosecutors have not established a key circumstance needed to pursue the death penalty.
Tyler Robinson, 23, is accused of firing a single rifle shot from a rooftop and killing Kirk during a Turning Point USA event at Utah Valley University on Sept. 10, 2025. Kirk, 31, was speaking before thousands of spectators when he was struck in the neck.
In court documents filed Tuesday, Robinson’s attorneys argued that the fatal bullet passed above the crowd and struck only Kirk—the person prosecutors say Robinson intended to kill.
“The only evidence presented supports that the bullet traveled above, not through, the crowd,” the defense wrote.
Under Utah law, prosecutors contend that Robinson committed aggravated murder because he knowingly created a grave risk of death to people other than Kirk. They maintain that numerous spectators were within a “zone of danger” and could have been struck by a missed or ricocheting bullet.
Prosecutors have also pointed to evidence that Robinson allegedly loaded four rounds into the rifle, arguing that this showed he understood he might miss his target and need to fire again.
The defense rejected that reasoning.
“It is just as likely that the shooter did not believe he would miss,” Robinson’s lawyers wrote.
The argument does not dispute that Kirk was deliberately targeted. Instead, it challenges whether firing the shot legally endangered other people to the degree required for the aggravating circumstance cited by prosecutors.
Robinson’s attorneys are asking Judge Tony Graf to reject that portion of the prosecution’s case before it proceeds to trial.
The defense is also challenging allegations that Robinson selected Kirk because of his political views. Prosecutors say Robinson’s alleged comments after the killing demonstrate a political motive.
Robinson reportedly told his roommate and romantic partner, Lance Twiggs, that he had “enough of his hatred,” according to messages cited by investigators. Twiggs told authorities that Robinson left a written confession beneath a keyboard and later admitted responsibility through electronic messages.
“I had enough of his hatred,” Robinson allegedly wrote. “Some hate can’t be negotiated out.”
Prosecutors claim Robinson confessed to the killing several times in messages to Twiggs and other people. They also allege that DNA consistent with Robinson’s was recovered from the rifle’s trigger, ammunition and a towel wrapped around the weapon.
The defense has questioned portions of the forensic evidence, including ballistics testing that did not conclusively establish that a recovered bullet fragment was fired from the rifle attributed to Robinson.
Robinson eventually surrendered after his parents reportedly recognized him in photographs released by investigators and persuaded him to turn himself in. He has pleaded not guilty.
His lawyers previously sought to prevent prosecutors from pursuing the death penalty after Deputy Utah County Attorney Christopher Ballard was found in civil contempt for making statements to the media that violated court restrictions. Judge Graf declined to remove capital punishment as a possible sentence, calling that proposed remedy disproportionate.
Prosecutors have until Aug. 18 to answer the defense’s latest filing. Closing arguments in the preliminary hearing are scheduled for Sept. 1, after which Graf will determine whether Robinson should stand trial and on which charges. Associated Press, Reuters
