UTAH — Attorneys representing Tyler Robinson, the man accused of killing conservative activist Charlie Kirk, are arguing that prosecutors should not be allowed to pursue the death penalty, saying the fatal shot was directed at Kirk and did not place other people at significant risk.
In court filings submitted Tuesday, Robinson’s defense team disputed prosecutors’ contention that the shooting endangered members of the large crowd gathered at Utah Valley University on Sept. 10, 2025.
The defense argues that the bullet traveled above the crowd rather than through it and that there is no evidence other people were directly threatened by the gunfire. Whether the shooting created a broader danger is significant because prosecutors have cited the potential risk to bystanders as an aggravating circumstance that could support a capital case under Utah law.
Prosecutors say bystanders were in danger
Prosecutors have maintained that numerous people were located within a potential “zone of danger” surrounding Kirk when he was shot from a rooftop.
They argue that the possibility of a missed or ricocheting bullet striking someone else is relevant to determining whether the case qualifies for the death penalty.
The defense rejected that interpretation, saying prosecutors have not demonstrated that Robinson believed he was likely to miss his alleged target. Attorneys also challenged the argument that loading four rounds into the rifle necessarily showed an intention to fire multiple times.
Robinson is charged with aggravated murder and has not entered a plea. He surrendered to authorities the day after Kirk was killed.
Defense disputes alleged political motive
Robinson’s attorneys are also challenging prosecutors’ claims about the motive behind the killing.
Prosecutors allege Robinson told his roommate that he had become fed up with Kirk’s political rhetoric. They have argued that Kirk’s views on issues including same-sex marriage and transgender rights may have played a role in the attack.
The defense says investigators have not uncovered enough evidence to establish a political motive. Attorneys pointed to searches of Robinson’s apartment, electronic devices and phone, arguing that investigators found little evidence supporting the prosecution’s theory beyond the statement attributed to him.
Prosecutors have also cited Robinson’s relationship with his roommate, Lance Twiggs, as part of their effort to establish a possible motive. Twiggs reportedly told investigators that he had considered transitioning around the time of the shooting.
According to prosecutors, Twiggs also said Robinson occasionally discussed politics and President Donald Trump but had never heard him discuss Kirk before the killing. Twiggs also reportedly said Robinson rarely spoke about LGBTQ+ issues.
Prosecutors cite DNA and alleged confessions
During a weeklong preliminary hearing last month, prosecutors presented what they described as extensive evidence linking Robinson to the shooting.
Among the evidence was DNA testing that prosecutors say connects Robinson to the suspected murder weapon. Investigators have also presented statements they characterize as admissions by the defendant.
Robinson’s attorneys have previously questioned the reliability of the DNA evidence and other aspects of the prosecution’s case. They did not address the DNA findings in their latest filing and have not presented an alternative explanation for Kirk’s death.
The defense has previously sought to prevent prosecutors from pursuing capital punishment. That effort followed a ruling finding prosecutors in contempt of court after they discussed aspects of the case with the media. State District Judge Tony Graf rejected the defense request.
Preliminary hearing continues
The case remains at the preliminary-hearing stage, with closing arguments scheduled for Sept. 1. Judge Graf will then determine whether prosecutors have presented sufficient evidence for the case to proceed to trial and which charges may move forward.
Kirk’s family attorneys have asked the judge to make that determination by Sept. 1 so the case can advance without further delay.
Prosecutors have until Aug. 18 to respond to the latest defense arguments.
The unusually lengthy preliminary proceedings have been attributed to the volume of evidence, the court’s cautious handling of the case and efforts to address claims and conspiracy theories that have circulated publicly since Kirk’s killing.
For now, the central legal questions remain whether prosecutors can establish the elements of aggravated murder, whether additional sentencing factors apply and whether the evidence is sufficient to send Robinson to trial with the possibility of a death sentence.
