Utah prosecutors contend that Tyler Robinson, accused in the fatal shooting of Charlie Kirk, demonstrated a reckless disregard for bystanders due to his alleged poor aim with the suspected murder weapon. This argument is central to their opposition against the defense's attempt to remove the possibility of a death sentence before trial.
During a preliminary hearing in Provo, Utah, prosecutors presented evidence suggesting Robinson "seldom hit the bullseye and sometimes missed the target completely" during practice shots. This, they argue, indicates that a shot taken from a rooftop toward a crowd of thousands knowingly put others at risk of death, even if Kirk was the intended target. Kirk, founder of Turning Point USA, was struck in the neck while speaking at Utah Valley University in September 2025.
The defense has previously argued that only one shot was fired, it struck the intended victim, and no bystanders were injured. They sought to have the aggravating factor, that the shooting created a great risk of death to someone other than the victim, stricken before trial.
Prosecutors must prove such an aggravating factor at trial to seek capital punishment. They also alleged that the defense team violated their ethical duty of candor to the court by misinterpreting case law regarding evidence evaluation at the preliminary hearing stage. The filings state that a magistrate must draw all reasonable inferences in the state's favor when considering evidence.
Judge Tony Graf Jr. is expected to issue a decision on September 1 regarding whether there is sufficient probable cause to proceed to trial. Robinson has not yet entered a plea. He is accused of traveling from his home in southern Utah to Orem, fatally shooting Kirk, confessing to several individuals, and then surrendering to authorities. Prosecutors presented surveillance video timelines tracking Robinson's movements across the campus before the shooting and evidence of the recovered rifle. An image of a bullet casing engraved with the word "Catch!" was also displayed during the hearing.