SALT LAKE CITY – A pivotal court appearance is scheduled for Friday involving a young Utah man accused of the fatal shooting of prominent conservative figure Charlie Kirk. The defendant, 22-year-old Tyler Robinson, faces an aggravated murder charge connected to the September 10 incident at Utah Valley University in Orem, a short distance from the Provo courthouse. Prosecutors have announced their intention to pursue the death penalty if Robinson is found guilty. As of now, Robinson has not entered a plea.

The case has gained additional complexity due to a potential conflict of interest involving the prosecution team. During the event where Kirk was tragically shot, an 18-year-old, who is the offspring of a deputy county attorney, was present. This individual communicated via text with their parent, an official in the Utah County Attorney’s Office, to recount the tumultuous events surrounding the shooting, as detailed in recent court documents filed by both the prosecution and defense.

The defense team argues that this familial connection constitutes a conflict of interest, casting doubt on the objectivity of the prosecution’s decisions so far and moving forward. They contend that the swift move to seek capital punishment is indicative of an emotional bias, thus calling for the disqualification of the entire prosecutorial team, according to filings provided to the court.

Kirk, a co-founder of Turning Point USA and a key figure in encouraging youth support for former President Donald Trump, was addressing an audience of thousands when the shooting took place. Documents submitted by prosecutors clarify that the deputy county attorney’s child did not witness the incident firsthand.

Several thousand people attended the outdoor rally where Kirk, a co-founder of Turning Point USA who helped mobilize young people to vote for President Donald Trump, was shot as he took questions from the audience. The child of the deputy county attorney did not see the shooting, according to an affidavit submitted by prosecutors.

“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.

The Associated Press left email and telephone messages for Robinson’s defense attorney, Kathryn Nester.

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.