Charlie Kirk’s alleged killer’s defense team might try to keep him off death row by claiming that he only had one intended target and did not plan to harm anyone else, according to an expert. 

Tyler Robinson, 22, is accused of murdering Kirk with a single bullet that hit the father-of-two in the neck as he spoke to a crowd at Utah Valley University on September 10. 

In states with the death penalty like Utah, prosecutors must prove at least one ‘aggravating factor’ to make a defendant eligible for execution – for example, killing multiple victims, showing extreme premeditation, or putting many people at risk. 

Randolph Rice, a Maryland attorney and legal analyst who is following the case, told Fox News the defense strategy could be to prove that a ‘single sniper bullet’ was only met for one target, not anyone else.

‘That’s probably their goal right now, or at least that’s what they’re thinking about,’ Rice said.

Robinson is due in court Monday following his first appearance on September 16 where he was seen donning an anti-suicide vest as he stonily stared at a web camera. 

The Utah native, who is charged with the capital murder of the late conservative, was set to appear in person, but on Saturday the Utah County Attorney’s Office said he would again appear virtually with his appointed attorney. 

Rice said: ‘What the defense may be able to argue is to say, this was a single sniper bullet that had a single intended target – and therefore it posed no other danger to anyone else,’ Rice added. 

Charlie Kirk’s alleged killer’s defense team plans to try and keep him off death row, according to an expert. The suspect, Tyler Robinson, 22, is set to appear in court Monday

Kirk, 31, was fatally shot in the neck at Utah Valley University on September 10. He leaves behind his wife Erika and their two young children

‘And if they can prove that to a jury or they can convince a jury of that, then they won’t get the aggravating murder, and therefore they won’t have the death penalty on the table.’ 

The legal expert also believes the suspect’s defense team will be cautious about how they proceed with the high-profile case that is being closely watched across the US. 

‘Obviously they’ve got the concern about defending their client, they’ve got concerns about the media attention, but I also think that they may have concerns about their personal safety,’ he explained to the outlet. 

‘This certainly is a political assassination. It’s something that has been in the headlines.

‘There are a lot of individuals who are emotional about this. And certainly people on the left are certainly emotional about it. People on the right are certainly emotional about it. 

‘And so there are concerns from the defense team’s perspective. About their personal safety and that’s something they’re going to have to consider throughout this entire trial.’ 

After allegedly gunning down Kirk on September 10, Robinson confessed to the killing in a message to his transgender partner, according to prosecutors. 

He is alleged to have got in contact with his partner via text message, saying that he killed Kirk because he ‘had enough of his hatred.’ 

Randolph Rice, a Maryland attorney and legal analyst who is following the case, said the defense might be able to argue Robinson should avoid being put to death by trying to prove that a ‘single sniper bullet’ was only met for one target, not anyone else

Pressure has mounted on prosecutors and Utah Governor Spencer Cox to get the death penalty for Robinson, especially after they’ve repeatedly promised to do so following his arrest. 

The FBI has fast criticism for what some call a failed investigation after two suspects were taken into custody but subsequently released in the hours following the fatal shooting. 

FBI Director Kash Patel even took to X to announced they had a suspect in custody, but that person was later released.  

After Kirk was murdered, Robinson is said to have made a quick escape and dumped the Mauser rifle he is alleged to have used in the shooting. Robinson fled the scene and traveled some 250 miles south to his home in St. George, Utah, eluding capture for nearly two full days. 

He was ultimately caught after being handed in by his father and a local minister, rather than through direct police intervention. 

Several hours after the shooting, two law enforcement sources told Fox News that Robinson appeared at a wooded area where the gun was found and ‘made contact’ with officers guarding the area. 

That brief encounter appears to have thwarted an attempt by Robinson to collect the firearm used to kill Kirk.

No further details of the ‘contact’ were shared and it’s unclear if the officers saw Robinson, or realized how close they were to the suspect.

Unbeknownst to investigators, Robinson’s parents Matthew and Amber, from Washington, Utah, were both convinced that their son was involved.

After Kirk was murdered, Robinson is said to have made a quick escape and dumped the Mauser rifle he is alleged to have used in the shooting. He then returned to recover the weapon (pictured) 

When asked if she believes her husband’s alleged killer should face the death penalty, Erika said she wants the government to decide what happens to Robinson

Charging documents say that his mother had seen a photo of the suspect shared by authorities and immediately thought it looked like her son.

After calling Robinson, he is said to have told her he was at home and unwell, and had been the day when Kirk was gunned down.

Still, the documents say this did nothing to quell her suspicions, and she raised her concerns with his father who agreed with her.

His father then got in touch and asked him to send him a picture of it, but Robinson never responded, the documents say.

After a phone call between the two eventually happened, Robinson laid out plans to commit suicide, his parents said they were able to convince him to meet them, the charging documents detailed. 

During that discussion, Robinson is said to have implied he was the shooter and said he didn’t want to go to jail so he wished instead to take his own life. 

Kirk’s widow Erika has previously said she forgives her husband’s alleged killer. 

The 36-year-old told The New York Times: ‘I’ve had people ask, ‘Do you feel anger toward this man? Like, do you want to seek the death penalty?’ I’ll be honest. I told our lawyer, I want the government to decide this.’

She went on to say she does not want anything to do with the decision because it could create unwanted guilt, especially when it comes to her Christian faith.

‘I do not want that man’s blood on my ledger. Because when I get to heaven, and Jesus is like: “Uh, eye for an eye? Is that how we do it?” And that keeps me from being in heaven, from being with Charlie,’ Erika continued.