In Salt Lake City, a significant legal battle is unfolding as Tyler Robinson, a 22-year-old from Utah, faces charges of aggravated murder in the death of conservative activist Charlie Kirk. Robinson is scheduled to appear in court on Friday, with his legal team seeking to disqualify the current prosecutors due to a potential conflict of interest.

The charges stem from a tragic incident on September 10 at Utah Valley University in Orem, where Kirk was fatally shot during an event. The Utah County Attorney’s Office has indicated its intention to pursue the death penalty should Robinson be found guilty. As of now, Robinson has not entered a plea regarding the charges.

Central to the defense’s argument is the involvement of an 18-year-old, the child of a deputy county attorney, who attended the same campus event where the shooting occurred. According to court documents, this individual texted their father—who is part of the Utah County Attorney’s Office—describing the turmoil following the incident. The defense argues that this connection presents a conflict of interest, potentially influencing prosecutorial decisions in a manner that could compromise fairness.

The defense claims that the prosecution’s swift decision to seek the death penalty might be driven by emotional responses rather than objective legal judgment, further suggesting the need for the prosecutorial team to be disqualified to ensure an impartial process.

The outdoor rally where Kirk was shot drew several thousand attendees. Kirk, known for co-founding Turning Point USA and his efforts to engage young voters in support of former President Donald Trump, was addressing questions from the audience when the shooting occurred. Notably, the affidavit submitted by prosecutors clarifies that the deputy county attorney’s child did not witness the shooting directly.

“While the second person in line was speaking with Charlie, I was looking around the crowd when I heard a loud sound, like a pop. Someone yelled, ‘he’s been shot,’” the child stated in the affidavit.

The child later texted a family group chat to say “CHARLIE GOT SHOT.” In the aftermath of the shooting, the child did not miss classes or other activities, and reported no lasting trauma “aside from being scared at the time,” the affidavit said.

Prosecutors have asked District Judge Tony Graf to deny the disqualification request.

“Under these circumstances, there is virtually no risk, let alone a significant risk, that it would arouse such emotions in any father-prosecutor as to render him unable to fairly prosecute the case,” Utah County Attorney Jeffrey Gray said in a filing.

Gray also said the child was “neither a material witness nor a victim in the case” and that “nearly everything” the person knows about the actual homicide is mere hearsay.

Prosecutors have said text messages and DNA evidence connect Robinson to the killing. Robinson reportedly texted his romantic partner that he targeted Kirk because he “had enough of his hatred.”

At recent hearings, Robinson’s legal team has pushed to limit media access in the high-profile case. Graf has prohibited media from publishing photos, videos and live broadcasts that show Robinson’s restraints to help protect his presumption of innocence before a trial.

The judge has not ruled on a suggestion by the defense to ban cameras in the courtroom.

Prosecutors are expected to lay out their case against Robinson at a preliminary hearing scheduled to begin May 18.

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Brown reported from Billings, Montana.