Defense argues death penalty in Charlie Kirk killing is unwarranted
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Attorneys for Tyler Robinson contend that the shooting of activist Charlie Kirk did not endanger others and therefore does not meet Utah’s criteria for a capital case.
Attorneys for Tyler Robinson, the man charged with killing conservative activist Charlie Kirk at a Utah Valley University event in September 2023, filed a brief arguing that the death penalty should not be considered. They say the bullet traveled above the crowd, leaving no evidence that others were put at risk, a factor that could elevate the charge to a capital crime under state law.
"The only evidence presented supports that the bullet traveled above, not through, the crowd," the defense wrote in documents submitted Tuesday.
The lawyers also dispute prosecutors’ claim that Robinson was motivated by Kirk’s political views. While prosecutors cite a statement Robinson allegedly made to his roommate about being fed up with Kirk’s “hatred,” the defense notes that searches of Robinson’s apartment, computers and phone yielded no additional evidence of a political motive.
Prosecutors have presented DNA evidence linking Robinson to the suspected weapon and cite what they describe as “overwhelming” proof, including statements they interpret as confessions. During a recent hearing, the defense questioned the reliability of that evidence but did not propose an alternative theory for the shooting.
Robinson has not yet entered a plea and turned himself in the day after the killing. A prior request to remove the death penalty from consideration was denied by State District Judge Tony Graf after prosecutors were found in contempt for commenting on the case to the media. Prosecutors have until Aug. 18 to respond to the latest defense arguments.
The case will move to a preliminary hearing on Sept. 1, after which Judge Graf will decide whether it proceeds to trial and what charges will be filed. Kirk’s family has asked for a prompt decision so the case can advance.