Prosecutors are arguing that Tyler Robinson's alleged poor marksmanship with the rifle used to kill Charlie Kirk, coupled with a bullet bearing a politically charged inscription, demonstrates aggravated murder and warrants the death penalty. The arguments were presented in a court document filed Tuesday as defense attorneys attempt to remove capital punishment as a sentencing option.
Robinson, 23, faces a charge of aggravated murder, the only offense in Utah that carries a potential death sentence. He has not yet entered a plea. His attorneys have argued that prosecutors have not established probable cause for aggravated murder, calling the claim that Robinson knew he might miss his target 'speculative.'
Prosecutors counter that it is a reasonable inference, stating that Robinson loaded his rifle with four cartridges and had previously engaged in target practice where he "seldom hit the bullseye and sometimes missed the target completely." They contend that his awareness of his potential inaccuracy endangered thousands of attendees at Kirk's September 10, 2025, event at Utah Valley University.
Another argument for aggravated murder centers on a bullet found in the suspected murder weapon, which was allegedly engraved with the message: "Hey Fascist! CATCH!". Prosecutors described the inscription as an "overt political reference" sufficient to establish that Robinson targeted Kirk due to his political views. They argued that Kirk's events, which drew students for debates with the right-wing influencer, were inherently political.
Prosecutors also pointed to a text message attributed to Robinson concerning Kirk: "I had enough of his hatred. Some hate can't be negotiated out." The defense has argued this text message is insufficient to prove political motivation.
In their filings, prosecutors also highlighted a potential motive by contrasting Kirk's public stances against same-sex marriage and gender-affirming care with Robinson's reported romantic relationship with his roommate, Lance Twiggs, who had considered a gender transition. The defense characterized this line of argument as relying on "Mr. Robinson’s sexuality and Mr. Twiggs’ gender identity" in the absence of other evidence.
These arguments follow a preliminary hearing in July, during which prosecutors presented what they described as "overwhelming" evidence against Robinson. Defense attorneys sought to cast doubt on the findings presented by forensic analysts. Judge Tony Graf is expected to rule on whether the case will proceed to trial after hearing further arguments on September 1.
During the July hearing, prosecutors revealed a handwritten note allegedly left by Robinson for Twiggs, which included the statement: "I had the opportunity to take out Charlie Kirk, and I took it." In a recorded interview played during the hearing, Twiggs stated he had not heard Robinson discuss Kirk prior to the shooting, though he acknowledged Robinson sometimes spoke about politics, including former President Trump.
Twiggs also told investigators that Robinson confessed to the shooting afterward and expressed regret, saying he "wished he hadn't done it."