Prosecutors in Utah are set to present their case this week against Tyler Robinson, who is accused of killing conservative activist Charlie Kirk. The five-day preliminary hearing, beginning Monday, will be the first time Kirk's family is present in the courtroom with Robinson. The hearing will be livestreamed.
Robinson, 23, faces a charge of aggravated murder in the Sept. 10 shooting of Kirk, who was speaking to thousands at Utah Valley University. Prosecutors allege Robinson confessed to the killing via text message to his partner and left a note stating he intended to take the opportunity to kill one of the nation's leading conservative voices. Robinson has not yet entered a plea.
The focus of this proceeding will be on whether sufficient evidence exists to proceed to a trial and whether the death penalty is warranted, according to Paul Cassell, a University of Utah law professor and former federal judge. Cassell noted that evidence made public so far suggests prosecutors have a strong case.
In Utah, a death sentence is an option only in cases with aggravating circumstances. Prosecutors intend to argue that Kirk's shooting endangered others present at the event. The hearing is expected to include DNA evidence linking Robinson to the suspected murder weapon, testimony from investigators, autopsy results, witness accounts, and video footage of the incident. Prosecutors are not required to present all their evidence at this stage.
State District Judge Tony Graf will ultimately decide if the case moves forward. Reporters and the public will be permitted to attend the hearing, following a denial of a defense request to restrict access. Robinson turned himself in after the shooting.
Kirk's killing prompted condemnation from Republican figures, including then-President Donald Trump, who publicly expressed hope for the death penalty for the suspect. At this preliminary stage, prosecutors need only demonstrate reasonable grounds to believe Robinson killed Kirk, a lower standard than the "beyond a reasonable doubt" required for a trial.
Authorities have stated that DNA matching Robinson was found on the trigger of the rifle used, as well as on the spent cartridge casing, two unfired cartridges, and a towel used to wrap the weapon. Robinson's parents reportedly confronted him after authorities released surveillance photos and details about the rifle, subsequently convincing him to surrender to authorities.
Prosecutors have also presented evidence of a note Robinson allegedly left for his roommate and romantic partner, which read, "I had the opportunity to take out Charlie Kirk and I'm going to take it." Text messages allegedly sent to his partner expressed frustration with Kirk's "hatred."
Prior to his death, Kirk and his organization, Turning Point USA, were instrumental in mobilizing conservative youth support for Trump. Kirk's widow, Erika Kirk, who now leads the organization, advocated for public access to the proceedings. She reportedly forgave Robinson during her husband's memorial service. She is expected to attend the hearing along with Kirk's parents, Robert and Kathryn Kirk.