The 23-year-old man accused of fatally shooting conservative activist Charlie Kirk has asked that the death penalty be removed from consideration, according to court filings. Tyler Robinson is awaiting trial for the September 10, 2025, incident at a Turning Point USA event at Utah Valley University, where he allegedly shot Kirk, 31.
Robinson faces a charge of aggravated murder, which carries a potential death sentence under Utah law. However, his defense team argues that prosecutors have not established probable cause for the aggravated aspect of the murder charge, a necessary precursor for seeking the death penalty. Specifically, the defense contends that prosecutors have not proven that Robinson knowingly created a great risk of death to anyone other than Kirk.
According to a 41-page brief filed by Robinson's lawyers, the state has had more than ten months to prove the aggravating factor but failed to do so during a week-long preliminary hearing in July 2026. The filing states that prosecutors did not present sufficient evidence to demonstrate that Robinson's alleged actions created a "high probability" of harm to others, beyond the possibility that another person could have been injured. Without the aggravating factor, the death penalty would no longer be a possible sentence in the case.
Prosecutors have argued that the crime carried an aggravating factor because Robinson allegedly endangered others by firing a single shot from atop a building at the school that struck Kirk in the neck. They also filed a victim-targeting enhancement, asserting that Robinson targeted Kirk because he represented a political movement opposed to gay marriage and transgender rights, among other issues. Kirk, a prominent conservative activist, was known for his outspoken views on social issues.
The defense addressed the prosecution's motivation claims in the recent filing, noting that the primary evidence cited is a text message from Robinson to his transgender roommate, Lance Twiggs, which read: "I had enough of his hatred." The defense asserted that this is speculation and not evidentiary proof that Robinson targeted Kirk due to Kirk's public stances.
An image of a rifle, which prosecutors say was recovered by investigators near Utah Valley University, was presented during the preliminary hearing in July. Robinson's attorneys have argued that the facts and law require the court to strike the sole aggravating factor presented by the state.