Attorneys for Tyler Robinson, the man accused of assassinating Turning Point USA founder Charlie Kirk, have filed a legal brief arguing that prosecutors have not presented sufficient evidence to warrant a potential death penalty.

The 41-page filing, submitted Tuesday night, contends that the state has failed to establish probable cause for the sole aggravating factor in the case: that Robinson knowingly created a high probability of death to someone other than Kirk. Without this factor, the death penalty would be removed as a sentencing option.

Robinson, 23, is accused of shooting Kirk, 31, on September 10, 2025, during a speaking event at Utah Valley University. Prosecutors allege that Robinson fired a single shot from a rooftop perch, striking Kirk in the neck. Kirk was speaking to a crowd of more than 2,000 people at the time.

Robinson's defense team, including attorneys Kathy Nester, Michael Burt, Richard Novak, and Staci Visser, argues that the evidence presented does not prove that anyone other than Kirk was endangered. They highlight that only one shot was fired, no one else was hit, and the bullet traveled downward from the rooftop, missing the crowd. The defense points to communications allegedly between Robinson and another individual, Lance Twiggs, which indicate Robinson's intention was to kill Kirk, with no mention of threatening others.

"The State’s presentation of its evidence as to this alleged circumstance in aggravation at the preliminary hearing in July 2026 wholly fails to carry its burden of proof," the defense wrote in their brief.

Prosecutors have until next week to respond to the defense's filing. Judge Tony Graf Jr. is expected to announce his decision on whether there is enough probable cause to proceed to trial on September 1.

Legal analysts suggest that Robinson's argument may face an uphill battle, particularly at the preliminary hearing stage. "The evidence in the preliminary hearing has already proven that there were many people there," said criminal defense attorney Donna Rotunno. "The evidence has shown where the shooter was vs where Charlie was and where the shot was taken from, the amount of people who were in the line of fire. They can argue those facts from other pieces of evidence that they've introduced."

Rotunno also commented on the defense's attempt to have hearsay evidence thrown out and to strike lesser charges, including witness tampering and committing a violent offense in the presence of a child. The defense argues Robinson was advising a roommate to exercise his rights and that prosecutors did not prove Robinson knew children were present. They are also challenging an enhancement related to Kirk's political expression, disputing that Robinson's alleged statement "I had enough of his hatred" was directed at Kirk's political views.

Robinson has not yet entered a plea in the case.