Utah prosecutors are urging a judge to proceed with all charges against Tyler Robinson, the suspect accused in the killing of conservative activist Charlie Kirk, including those that could lead to the death penalty. In a recent filing, prosecutors responded to a defense motion seeking to remove the sole aggravating factor that could expose Robinson to capital punishment.
The defense had argued that prosecutors failed to demonstrate the shooting created a significant risk of death to anyone beyond Kirk. Prosecutors countered that the evidence shows Robinson allegedly fired his grandfather's high-powered rifle toward a crowd of thousands, placing multiple individuals within the line of fire or close proximity to Kirk.
Prosecutors stated that the evidence is "more than sufficient to support a finding beyond a reasonable doubt" that Robinson knowingly created a substantial risk of death to others. They also criticized the defense's broader challenge to the evidence presented during Robinson's preliminary hearing. According to the prosecution, the defense has not disputed that Robinson crawled to a rooftop perch, fired the shot that killed Kirk, discarded some clothing, and instructed his roommate to delete text messages pertaining to the incident.
The filing further accused Robinson's attorneys of relying on outdated case law that has been overturned by the Utah Supreme Court without disclosing these subsequent rulings to the court, a move prosecutors called a violation of counsel's duty of candor.
The state's filing also defended charges of witness tampering, involving Robinson's roommate, and an allegation of committing a violent offense in the presence of a child. Prosecutors pointed to evidence suggesting Kirk was targeted due to his political expression, citing a cartridge engraved with the message "Hey fascist, catch."
Robinson, 23, is accused of fatally shooting Kirk, 31, on September 10, 2025, while Kirk was speaking at Utah Valley University. Robinson has not yet entered a plea. Judge Tony Graf is expected to rule on September 1 regarding whether prosecutors have established sufficient probable cause to proceed to trial.
