A former campus police officer testified Monday that he discovered what appeared to be a "sniper pad" on a rooftop overlooking the site where conservative activist Charlie Kirk was assassinated on Sept. 10. The testimony came during a preliminary hearing for Tyler Robinson, 23, who is charged with aggravated murder and faces the death penalty.
Christopher Bagley, a former Utah Valley University officer, stated he observed Kirk's shooting while the activist was addressing a crowd. He later searched a nearby gravel rooftop and found an area with markings consistent with someone lying prone, providing a clear line of sight to Kirk's position. "It looks like a sniper pad," Bagley testified. "you’ve got markings of elbows, knees and feet."
Prosecutors are presenting evidence to convince a state judge that there is sufficient cause to put Robinson on trial. The preliminary hearing, scheduled to last five days, is expected to be the most substantial presentation of evidence in the case to date. While no major new revelations occurred on the first day, prosecutors did display new video footage they believe shows Robinson entering and exiting his vehicle on Sept. 10 and 11.
Robinson surrendered to authorities the day after the shooting. He has not yet entered a plea, and his attorneys have not commented on his guilt or innocence, though they have unsuccessfully attempted to have the death penalty removed as a possible sentence.
During the hearing, prosecutors showed surveillance videos and video of Kirk's shooting. State District Judge Tony Graf ruled that the assassination videos could not be publicly released due to their graphic nature. The audio of the incident, however, was audible in court, capturing a loud pop and screams interrupting Kirk's remarks on mass shootings.
David Hull, a former agent with the State Bureau of Investigation, testified that investigators reviewed hundreds of hours of video to trace Robinson's movements before and after the shooting. He identified Robinson in the courtroom.
Legal experts note that the standard for a preliminary hearing is lower than for a trial, requiring prosecutors only to demonstrate reasonable grounds to believe the defendant committed the crime, rather than proving guilt beyond a reasonable doubt. "This standard is extremely low and the chances of them not getting through it are, quite frankly, almost nothing," said Mark Kouris, a former prosecutor and state judge now an adjunct professor at the University of Utah’s S.J. Quinney College of Law.
Defense attorney Kathryn Nester repeatedly objected to the evidence presented by prosecutors, though most of her objections were overruled. Judge Graf did, however, prevent the introduction of a compilation of Utah Valley University surveillance videos because some segments had been digitally altered with zoom or drawn circles. Prosecutors indicated they would attempt to present this video again Tuesday without the alterations.
Nester questioned Bagley about an empty pistol holster found on the ground after the crowd dispersed. Bagley acknowledged he did not take possession of the holster and was unaware if it had been fingerprinted. Utah is an open-carry state, allowing individuals to carry firearms openly or concealed without a permit.
Prosecutors have indicated they plan to introduce DNA evidence linking Robinson to the suspected murder weapon, autopsy results, and witness statements. They are expected to argue that the shooting endangered others at Kirk's campus event, which could qualify as an aggravating circumstance under Utah law, potentially leading to the death penalty.
According to prosecutors, Robinson allegedly confessed in a note to his roommate, who was also his romantic partner, stating: "I had the opportunity to take out Charlie Kirk and I’m going to take it." Prosecutors have also stated that Robinson reportedly texted his roommate that he targeted Kirk because he "had enough of his hatred."
Charlie Kirk, co-founder of Turning Point USA, was known for galvanizing conservative youth voters. President Donald Trump has publicly stated he hopes Robinson receives the death penalty. Kirk's widow, Erika, has previously stated she forgives Robinson.