Prosecutors seeking to convince a Utah judge to put Tyler Robinson, 23, on trial for the killing of conservative activist Charlie Kirk are expected to present more law enforcement video and a recorded statement from the defendant's roommate as a weeklong preliminary hearing continues Tuesday.
The court proceedings began Monday and have marked the most significant presentation of evidence to date in the case against Robinson, who is charged with aggravated murder. Robinson has not yet entered a plea, and his attorneys have not commented on his guilt or innocence. They have, however, sought to have the death penalty taken off the table, so far unsuccessfully.
Former Utah Valley University Officer Christopher Bagley testified Monday that he witnessed the shooting while Kirk was speaking to a campus crowd on Sept. 10. Bagley told the court he later went to a nearby gravel rooftop where it appeared someone had been lying prone with a clear sightline to Kirk’s location, describing it as resembling a "sniper pad."
If prosecutors follow the order of an exhibit list submitted earlier this year, they will present a video from the Washington County sheriff’s office from Sept. 11, the day Robinson turned himself in, and recorded testimony from Robinson’s roommate. Prosecutors allege Robinson confessed in a note left for 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.” Robinson also reportedly texted his roommate that he targeted Kirk because he “had enough of his hatred,” prosecutors have said.
Prosecutors also plan to present DNA evidence linking Robinson to the suspected murder weapon, autopsy findings, witness statements, and video of Kirk’s killing. They are expected to argue that the shooting endangered others at Kirk’s campus event, an aggravating circumstance that could make the crime punishable by death under Utah law.
Robinson’s parents were present for Monday’s hearing, sitting a few rows behind Kirk’s parents, Kathryn and Robert, and widow, Erika. Robinson sat quietly between his attorneys, looking at the prosecution’s exhibits on a monitor and occasionally taking notes. His wrists were shackled to a chain around his waist.
Prosecutors showed several graphic videos of Kirk's shooting, including the moment he was shot and security administering first aid, as they made their case to state District Judge Tony Graf. Kirk’s family briefly left the courtroom twice during the proceedings, once when Bagley began testifying about Kirk's arrival on campus and again when prosecutors introduced the videos.
The proceeding requires prosecutors to demonstrate that there are reasonable grounds to believe Robinson killed Kirk and should stand trial, a standard lower than the "beyond a reasonable doubt" required for a trial. Mark Kouris, a former prosecutor and state judge in Salt Lake City, suggested this standard would be easy for prosecutors to meet.
Defense attorney Kathryn Nester repeatedly objected to evidence introduced by prosecutors, but was mostly overruled by the judge. She questioned Bagley about finding an empty pistol holster on the ground after the crowd fled, and he acknowledged he never took custody of the holster and did not know if it had been fingerprinted.
Judge Graf sided with the defense to block the introduction of a compilation of surveillance videos from Utah Valley University because some had been altered to zoom in or had circles drawn around individuals. Prosecutors said they would attempt to reintroduce the video Tuesday with alterations removed.
Before his death, Kirk and the organization he co-founded, Turning Point USA, galvanized the conservative youth vote to help President Donald Trump win a second term. Trump has stated he hopes Robinson receives the death penalty. Erika Kirk said during her husband's memorial service that she forgives Robinson.