PROVO, Utah — As prosecutors work to persuade a Utah judge to move forward with the trial of the man accused of murdering Charlie Kirk, they plan to introduce additional law enforcement footage and a statement from the alleged suspect’s roommate during the weeklong preliminary hearing, which resumes on Tuesday.
The legal sessions kicked off on Monday, delivering no groundbreaking revelations yet but presenting the most comprehensive evidence so far in the case against 23-year-old Tyler Robinson. He faces charges of aggravated murder in connection with the assassination of Kirk, who was a prominent supporter of President Donald Trump.
Former Officer Christopher Bagley from Utah Valley University described witnessing the event where the conservative figure met his demise during an address to thousands on campus on September 10. Bagley later discovered a gravel rooftop nearby, suggesting someone could have been lying in wait with a direct line of sight to Kirk’s speaking position, he reported.
“It looks like a sniper pad,” Bagley testified before the court.
Robinson has yet to enter a plea, and his legal team remains silent on his culpability. They have petitioned to remove the death penalty from potential sentencing, but their efforts have not yielded success.
Court will hear statement from defendant’s roommate
If prosecutors follow the order of an exhibit list they submitted earlier this year, they will present a video from the Washington County sheriff’s office from Sept. 11 – the day Robinson turned himself in – and recorded testimony from Robinson’s roommate.
Prosecutors allege Robinson confessed in a note left for his roommate, who was also his romantic partner, that read: “I had the opportunity to take out Charlie Kirk and I’m going to take it.”
Robinson also reportedly texted his roommate that he targeted Kirk because he “had enough of his hatred,” prosecutors have said.
Prosecutors have also said they plan to present DNA evidence linking Robinson to the suspected murder weapon, autopsy findings, witness statements and video of Kirk’s killing. In addition, they are expected to argue the shooting endangered others at Kirk’s campus event – an aggravating circumstance that could make the crime punishable by death under Utah law.
Kirk’s family briefly left the courtroom
Monday marked the first time Kirk’s parents, Kathryn and Robert, and widow, Erika, were in the courtroom since the case began.
Robinson’s parents also were present, sitting a few rows behind the Kirks. Robinson sat quietly between his attorneys throughout the hearing, looking at the prosecution’s exhibits on a monitor and occasionally taking notes. His wrists were shackled to a chain around his waist.
Prosecutors showed several graphic videos of Kirk’s shooting, including of the moment he was shot and security administering first aid, as they made their case to state District Judge Tony Graf.
Kirk’s family briefly walked out of the courtroom twice – when Bagley started testifying about Charlie Kirk’s arrival on campus and again when prosecutors introduced the videos. Each time, they returned.
Prosecutors have a low bar
The proceeding resembles a minitrial, but prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk and should stand trial. The standard is lower than for a trial, where prosecutors must prove guilt “beyond a reasonable doubt.”
Prosecutors, as a result, should have little trouble advancing their case, said Mark Kouris, a former prosecutor and state judge in Salt Lake City.
“This standard is extremely low and the chances of them not getting through it are, quite frankly, almost nothing,” said Kouris, now an adjunct professor at the University of Utah’s S.J. Quinney College of Law.
Defense attorney Kathryn Nester repeatedly objected to evidence introduced by prosecutors. She was mostly overruled by the judge.
When she asked Bagley about finding an empty pistol holster on the ground after the crowd fled, he acknowledged he never took custody of the holster and didn’t know whether it had been fingerprinted.
Utah is an open carry state, meaning people can carry guns openly or conceal them without a permit.
Graf sided with the defense to block the introduction of a compilation of surveillance videos from Utah Valley University because some had been altered to zoom in or had circles drawn around individuals. Prosecutors said they would try again Tuesday to introduce that video with the alterations removed.
Erika Kirk says court proceedings are a ‘painful reminder’
Before his death, Kirk and the organization he co-founded, Turning Point USA, galvanized the conservative youth vote to help Trump win a second term.
The Republican president has said he hopes Robinson receives the death penalty.
Erika Kirk said during her husband’s memorial service that she forgives Robinson.
Ahead of Monday’s hearing, she thanked supporters in a statement for their kindness and prayers.
“Every court proceeding serves as a painful reminder of his death,” she wrote, “and the loss that has irrevocably impacted our lives and the lives of his children.”
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