Prosecutors are seeking the death penalty for Tyler Robinson, arguing his alleged poor marksmanship while practicing with the rifle used to kill Charlie Kirk constitutes aggravated murder, as it endangered bystanders. In a 19-page court document filed Tuesday, Utah prosecutors challenged the defense's attempt to remove capital punishment as a possible sentence if Robinson is convicted of aggravated murder.
Robinson, 23, faces multiple felony charges, with the aggravated murder charge being the only one that carries a potential death penalty under state law. He has not yet entered a plea. Defense attorneys have argued that prosecutors cannot seek the death penalty without establishing probable cause that Robinson acted in an aggravated manner on the day of the shooting, calling it "speculative" to claim Robinson "knew he could miss his target."
However, prosecutors countered that it is a reasonable inference, as Robinson "loaded his rifle with four cartridges and had previously done some target practice where he seldom hit the bullseye and sometimes missed the target completely." They argue that because Robinson was aware of his potential to miss, he jeopardized the lives of thousands of innocent people who attended Kirk's September 10, 2025, event at Utah Valley University.
The prosecution's pursuit of capital punishment also rests on an engraved bullet found in the suspected murder weapon, which they assert shows the crime was politically motivated. The bullet bears the inscription: "Hey Fascist! CATCH!". Prosecutors described the engraving as an "overt political reference" sufficient to establish a reasonable belief that Robinson targeted Kirk because of his perception of the influencer's political views.
Prosecutors noted that Kirk's events were inherently political, with students attending to debate the right-wing influencer. They also cited a text message attributed to Robinson about Kirk: "I had enough of his hatred. Some hate can't be negotiated out." Robinson's attorneys have contested that this text message provides sufficient evidence of political motivation.
Further arguments from prosecutors suggest a political motive stemming from Kirk's opposition to same-sex marriage and gender-affirming care, which they claim contrasts sharply with Robinson, who was reportedly in a romantic relationship with his roommate, Lance Twiggs. Twiggs had reportedly considered a gender transition around the time of Kirk's killing. The defense stated that the prosecution's focus on Robinson's sexuality and Twiggs' gender identity appears to be an attempt to connect Robinson to topics on which Kirk was known to express intolerance.
These arguments follow a five-day preliminary hearing in July, where prosecutors presented evidence they deemed "overwhelming" against Robinson, while the defense sought to cast doubt on forensic findings. Judge Tony Graf is scheduled to decide whether the case will proceed to trial after hearing further arguments from both sides on September 1.
During the July hearing, prosecutors revealed a handwritten note allegedly left by Robinson for Twiggs, which read in part, "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 never heard Robinson discuss Kirk before the shooting. Twiggs also indicated that Robinson did not frequently discuss gender issues or LGBTQ+ rights but did speak about politics, including former President Trump.
Robinson's former romantic partner also told investigators that Robinson confessed to the shooting in its aftermath and admitted he "wished he hadn't done it."
