Utah prosecutors are arguing that the accused assassin of Charlie Kirk, Tyler Robinson, should face the death penalty, contending his marksmanship in practice was so poor that it endangered bystanders at the event. They assert that Robinson "seldom hit the bullseye and sometimes missed the target completely" when taking practice shots with the suspected murder weapon.
These arguments were presented in a legal filing made public Tuesday, in response to the defense team's attempt to have the potential death penalty removed as an option before trial. The defense had previously argued that the fatal gunshot came from above the crowd and did not travel through it, noting that only one shot was fired, it struck the intended victim, and no bystanders were injured.
To pursue capital punishment, prosecutors must prove an aggravating factor at trial. They allege this factor is that the shooting created a substantial risk of death to someone other than Kirk, and that Robinson was aware of this danger. Prosecutors believe that shooting from a rooftop toward a crowd of thousands inherently put individuals at risk, regardless of the shooter's accuracy.
Robinson is accused of driving from his home in southern Utah to Orem in September 2025 to fatally shoot Kirk during a Turning Point USA event at Utah Valley University. He reportedly confessed to several individuals before surrendering to authorities.
A preliminary hearing was held in early July to determine if there was enough probable cause to proceed to trial. Judge Tony Graf Jr. is expected to issue a decision on September 1 regarding the defense's motion to strike the aggravating factor, which would eliminate the possibility of a death sentence if Robinson is convicted.
Prosecutors also accused Robinson's legal team of violating their ethical duty of candor to the court by disregarding established case law regarding the evaluation of evidence at the preliminary hearing stage. They emphasized that a magistrate overseeing such a hearing must draw all reasonable inferences in the state's favor when considering the evidence, suggesting that the court could infer that shooting into a large crowd poses a risk to bystanders.
Robinson has not yet entered a plea in the case.