PROVO, Utah — In a Utah courtroom on Monday, prosecutors aimed to demonstrate to a judge that they possess sufficient evidence to proceed with the trial of the suspect accused of assassinating Charlie Kirk, with the intention of pursuing the death penalty.
This marked the first time Kirk’s family, including his widow Erika Kirk and his parents, attended the courtroom proceedings. They were joined by Donald Trump Jr., son of former President Donald Trump. However, the family briefly exited the room when a testifying police officer began describing Kirk’s arrival at the university campus on the day he was killed. They later rejoined the session.
Spanning five days, this preliminary hearing is anticipated to present the most extensive body of evidence yet in the case against Tyler Robinson, the accused.
Robinson’s parents attended the hearing, sitting a short distance behind the Kirk family as proceedings got underway. The 23-year-old stands accused of aggravated murder, charged with the fatal shooting of Kirk— a well-known conservative figure and ally of former President Trump— at Utah Valley University on September 10. Robinson turned himself in a day following the incident.
Throughout Monday’s session, Robinson remained mostly silent as he sat between his lawyers, occasionally jotting down notes while keeping an attentive eye on the prosecution’s evidence shown on a screen. Dressed in a gray suit, his movements were restricted by shackles securing his wrists to a chain around his waist.
Prosecutors allege he 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 has not yet entered a plea, and his attorneys have not commented on his guilt or innocence. They have, however, sought to get the death penalty taken off the table, so far unsuccessfully.
A low threshold for prosecutors
The proceeding resembles a mini-trial, but prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk. 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.
“Effectively it’s 51% – there’s a 51% chance they did it,” said Kouris, now an adjunct professor at the University of Utah’s S.J. Quinney College of Law. “This standard is extremely low and the chances of them not getting through it are, quite frankly, almost nothing.”
The prosecution’s first witness, former Utah Valley University police officer Chris Bagley, said he could see the right side of Charlie Kirk’s body as Kirk spoke on campus. Kirk was answering a question when Bagley heard a gunshot.
“I saw him go to the left … I could no longer see the right side of his body,” Bagley said. “Then everybody started getting up and started to run, more of a chaos situation.”
After the shooting, Bagley went to the top of a nearby building where he saw a disturbance in the gravel that looked like a “sniper pad”, where someone might have been laying in a position that would allow them to shoot a weapon.
Defense attorney Kathryn Nester asked Bagley about finding an empty pistol holster on the ground after the crowd fled. Bagley acknowledged he never took custody of the holster and didn’t know if it was fingerprinted.
Roomate’s recorded testimony could be focal point
Prosecutors can use secondhand information, or hearsay, to help present their case. They expect to present between 40 and 50 exhibits during this week’s hearing.
Chief Deputy Utah County Attorney Chad Grunander told state District Judge Tony Graf that the exhibits will include several videos of the Sept. 10 shooting, which occurred as Kirk was addressing a crowd of thousands at Utah Valley University. The videos will be shown on a courtroom monitor that is being set up so that it won’t be captured by the press videographer in the courtroom, said Graf.
Prosecutors have said they plan to present DNA evidence linking Robinson to the suspected murder weapon, autopsy findings, witness statements and video of Kirk’s killing. They are also 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.
Once the hearing is finished, Graf must determine whether there is enough evidence for the case to proceed to trial.
Robinson’s roommate is not expected to testify in person during the hearing. Still, the roommate’s recorded testimony could be a focal point for prosecutors.
In addition to the alleged confession note, Robinson reportedly texted his roommate that he targeted Kirk because he “had enough of his hatred,” prosecutors have said.
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 his memorial service that she forgives Robinson.
Ahead of Monday’s hearing, she thanked supporters in a statement posted to X 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.”
She added that the public outpouring “has sustained us during the darkest days of our lives.”
Brown reported from Billings, Montana.
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