PROVO, Utah — A Utah judge is set to decide Tuesday whether prosecutors have presented enough evidence to send the man accused of killing Charlie Kirk to trial on an aggravated murder charge, a count that could make him eligible for the death penalty.
The state court hearing follows a five-day presentation in July, when prosecutors laid out what they described as “overwhelming” evidence that Tyler Robinson shot and killed the conservative activist as Kirk spoke at an outdoor event on a college campus.
Robinson, 23, surrendered to authorities one day after the shooting at Utah Valley University last September. He has not entered a plea. His defense attorneys have not put forward an alternative explanation for Kirk’s death, focusing instead on efforts to stop the case from moving to trial and to remove the possibility of capital punishment.
District Judge Tony Graf could order Robinson to stand trial on the aggravated murder charge, or he could allow the case to proceed on a lesser murder count, according to Steve Burton, director of the Utah Defense Attorney Association. A murder conviction in Utah carries a minimum sentence of 15 years and a maximum of life in prison. Graf also has the authority to dismiss the charges, though prosecutors would be able to file them again.
One central question in determining whether the case qualifies as aggravated murder is whether the gunfire placed other people in danger.
Attorneys will present final arguments Tuesday – closing out an unusually long preliminary – and Graf plans to announce his decision from the bench, state courts spokesperson Tania Mashburn said.
Kirk’s widow, Erika Kirk, and parents, Robert and Kathryn Kirk, were expected back in the Provo courtroom after attending in July.
Arguments will likely focus on whether Utah County prosecutors have enough evidence to support the heightened charge of aggravated murder.
In recent court filings, defense attorneys argued that the shooter “hit the intended target” and did not endanger others. But prosecutors said numerous people were within a “zone of danger” around Kirk when he was shot from a rooftop more than 400 feet (122 meters) away.
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Robinson also faces potential sentencing enhancements if prosecutors can show he targeted Kirk for his political beliefs.
Before his death, Kirk and the organization he co-founded, Turning Point USA, galvanized the conservative youth vote to help President Donald Trump win a second term.
Prosecutors have argued that an engraved bullet found in the suspected murder weapon shows that Kirk was targeted for how the defendant perceived his politics. The inscription “Hey Facist! CATCH!” is an “overt political reference,” they argued in court documents.
A handwritten note that prosecutors allege Robinson left for his romantic partner read in part, “I had the opportunity to take out Charlie Kirk, and I took it.” They also allege Robinson wrote in a text message about Kirk: “I had enough of his hatred. Some hate can’t be negotiated out.”
Robinson’s attorneys have argued that prosecutors do not have strong enough evidence to prove a political motivation.
In July, investigators presented DNA analyses that they said linked Robinson to the suspected murder weapon – a bolt-action rifle with one spent round – and a tool he allegedly used to engrave the bullet cartridges.
Robinson’s reported romantic partner, Lance Twiggs, told investigators in a recorded interview that Robinson said the day after Kirk was killed that “he wishes he hadn’t done it.” Later that same day – and only about an hour before turning himself in – Robinson posted “it was me at UVU yesterday” in an online chat room, according to investigators.
Defense attorneys challenged the reliability of DNA tests and unsuccessfully fought against the public release of the Twiggs interview, warning prosecutors would characterize it as a confession. Twiggs said in the interview that he never heard Robinson talk about Kirk before the shooting.
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