Attorneys for Tyler Robinson, the man accused of killing conservative activist Charlie Kirk, are challenging the reliability of ballistics and DNA evidence presented by the prosecution in a bid to prevent the case from proceeding to trial. The defense plans to call a final witness on Friday during the weeklong preliminary hearing.
Robinson is charged with aggravated murder in the Sept. 10 death of Kirk, 31, who was shot while speaking to a large crowd at Utah Valley University. State District Judge Tony Graf is currently weighing whether there is sufficient evidence to put Robinson on trial. A decision is expected after Sept. 1, following oral arguments.
During the hearing, defense attorney Michael Burt questioned the ballistics tests on a bullet fragment recovered from Kirk's body, which authorities sought to link to the suspected murder weapon. Samantha Karner of the Bureau of Alcohol, Tobacco, Firearms and Explosives testified that stating anything other than the test results being inconclusive would have been inappropriate.
Burt also raised doubts about DNA evidence that investigators claim connects Robinson to the scene. Experts generally agree that the science behind DNA testing is sound.
Robinson, who has not entered a plea, surrendered to authorities the day after Kirk was fatally shot. Kirk was described as a close ally of former President Donald Trump, credited with mobilizing young voters for the Republican party in the 2024 election.
Prosecutors presented a recorded interview with Robinson's roommate, Lance Twiggs, who testified that Robinson said "he wishes he hadn’t done it" the day after the shooting. Hours before turning himself in, Robinson allegedly posted "it was me at UVU yesterday" in a Discord chat room, according to investigators.
Defense attorneys argued against the public release of these statements, asserting that prosecutors would present them as confessions and potentially prejudice Robinson's right to a fair trial. Prosecutors contend that the shooting endangered others at the campus event, an aggravating factor that could lead to a death sentence under Utah law. They also claim Robinson targeted Kirk because of his political views, which could lead to sentence enhancements.
Twiggs stated in a prior interview that Robinson sometimes discussed politics, including Trump, but he never heard Robinson speak about Kirk before the incident. Twiggs also noted that Robinson did not frequently discuss gender issues or LGBTQ rights.