A Utah judge is scheduled to decide Tuesday whether there is sufficient evidence to put Tyler Robinson on trial for the aggravated murder of conservative activist Charlie Kirk. The ruling by District Judge Tony Graf could make Robinson eligible for the death penalty.
Prosecutors spent five days in July presenting evidence they characterized as "overwhelming" in their case against Robinson, who is accused of killing Kirk during an outdoor event at Utah Valley University in September. Robinson, 23, surrendered to authorities a day after the shooting. He has not yet entered a plea, and his defense attorneys have focused on preventing the case from reaching trial and seeking to remove the possibility of capital punishment.
Judge Graf has the discretion to proceed with the case on a lesser charge of murder, which carries a minimum of 15 years and a maximum of life in prison. Alternatively, he could dismiss the charges, though prosecutors would retain the option to refile them. A crucial element in charging aggravated murder is whether the shooting endangered individuals beyond the intended victim.
Attorneys for both sides are expected to deliver final arguments Tuesday, concluding a lengthy preliminary hearing. A decision is anticipated from the bench.
Arguments are likely to center on whether Utah County prosecutors have presented adequate evidence to support the aggravated murder charge. Defense attorneys have contended that the shooter "hit the intended target" and did not pose a risk to others. Conversely, prosecutors argue that numerous individuals were within a "zone of danger" given that Kirk was shot from a rooftop at a distance of over 400 feet.
Robinson also faces potential sentencing enhancements if prosecutors can prove Kirk was targeted due to his political beliefs. Prosecutors have pointed to an engraved bullet found with the suspected murder weapon, inscribed with "Hey Facist! CATCH!," as an "overt political reference." They have also cited a handwritten note allegedly left by Robinson for a romantic partner, which reportedly stated, "I had the opportunity to take out Charlie Kirk, and I took it." Text messages attributed to Robinson allegedly said, "I had enough of his hatred. Some hate can’t be negotiated out."
Robinson's attorneys have challenged the strength of the evidence presented to prove political motivation. In July, investigators presented DNA analyses that they claim link Robinson to the rifle and a tool allegedly used to engrave the bullet casings. Investigators also presented interview statements from Robinson's reported romantic partner, Lance Twiggs. Twiggs told investigators that Robinson expressed regret the day after the shooting, saying "he wishes he hadn’t done it." Around an hour before surrendering, Robinson allegedly posted "it was me at UVU yesterday" in an online chat room, according to investigators. Defense attorneys have questioned the reliability of the DNA tests and unsuccessfully opposed the public release of Twiggs's interview, anticipating it would be characterized as a confession.