Tyler Robinson, 23, who is accused of fatally shooting conservative activist Charlie Kirk in September 2025, has requested that the death penalty be removed from consideration in his case. New court filings claim prosecutors have failed to establish probable cause that Robinson acted in an aggravated manner during the incident at a Turning Point USA event at Utah Valley University.
Robinson's legal team submitted a 41-page brief arguing that the state has not proven that the shooter knowingly created a great risk of death to anyone other than Kirk. The defense contends that prosecutors have had over ten months to present evidence for this aggravation factor but have overwhelmingly failed to do so during a preliminary hearing in July. According to the filing, prosecutors must demonstrate a high probability that Robinson was aware of and created a risk to others, not merely a possibility.
Prosecutors have argued that the single shot fired from atop a building, which struck Kirk in the neck, posed a risk to others and constitutes an aggravating factor. They also filed a victim-targeting enhancement, asserting that Robinson targeted Kirk due to his conservative stances on issues such as gay marriage and transgender rights, which they claim stood in stark contrast to Robinson's personal beliefs and lifestyle.
The defense disputes the prosecution's motive. The only evidence presented to support the claim of targeted killing, according to the defense, is a text message from Robinson to his transgender roommate, Lance Twiggs, which read: "I had enough of his hatred." Robinson's attorneys argue that this text, along with the prosecution's focus on Robinson's sexuality and Twiggs' gender identity, constitutes speculation rather than evidentiary proof that Robinson targeted Kirk because of his views.
If the aggravating factor is struck, the potential for a death penalty sentence would be removed from the case. Robinson faces charges of aggravated murder, a charge that can carry the death penalty under Utah state law if convicted. He has not yet entered a plea.