A Utah judge has ruled that Tyler Robinson, accused of killing conservative activist Charlie Kirk, will stand trial for aggravated murder. Prosecutors may seek the death penalty in the case.
Judge Tony Graf determined Tuesday that there is sufficient evidence to support an aggravated murder charge against Robinson, 23, who is accused of fatally shooting Kirk, 31, during a Turning Point USA event at Utah Valley University nearly a year ago. Graf stated that the evidence, viewed in the light most favorable to the prosecution, allows for a reasonable belief that Robinson is the individual who shot and killed Kirk.
The judge also found probable cause for the victim-targeting allegation, which would allow prosecutors to pursue the death penalty. However, Graf emphasized that proving this aggravating circumstance beyond a reasonable doubt remains a matter for the trial.
Prosecutors allege that Robinson fired a single shot into Kirk's neck and endangered more than 3,000 people present at the event by firing into the crowd. Deputy Utah County Attorney Ryan McBride argued that Robinson, motivated by opposition to Kirk's conservative views on issues like Catholicism and same-sex marriage, returned to the campus with a rifle concealed in his pants. McBride stated that Robinson scouted vantage points, changed his attire, and used a screwdriver to reassemble the weapon on the roof before taking aim.
"You can’t shoot a rifle into a crowd of 3,000 people without knowing that you create a great risk of death to all those around your target," McBride told the court, adding that the bullet's path was mere millimeters from striking someone else. Prosecutors presented evidence including a bullet inscribed with "Hey Fascist! CATCH!" and a text message attributed to Robinson that read, "I had enough of his hatred. Some hate can't be negotiated out."
Robinson's defense attorneys countered that the state failed to meet the legal threshold for endangering others, arguing that Robinson had a specific target and did not intend to endanger the crowd. Defense attorney Staci Visser contended that the prosecution's case relied on speculation and that there was no evidence of actual threats to third parties. She questioned the presentation of shooting targets found in Robinson's apartment, noting their unknown origin and condition.
Robinson turned himself in the day after the killing and faces a charge of aggravated murder, which in Utah is punishable by firing squad. He also faces six additional charges, including witness tampering.
The prosecution's case relies on evidence such as a bolt-action rifle found wrapped in a towel in a nearby wooded area, which reportedly contained DNA from both Robinson and his former partner, Lance Twiggs. Twiggs told investigators that Robinson allegedly confessed to the killing, though he also stated Robinson expressed regret.
Before his death, Kirk and Turning Point USA were active in galvanizing young voters for political causes. Robinson's roommate, Twiggs, reportedly told investigators that Robinson had been considering a gender transition and had left a note stating, "I had the opportunity to take out Charlie Kirk, and I took it."
Legal experts anticipate further litigation regarding evidence and expert testimony before the case proceeds to a jury. Robinson's attorneys have previously challenged the reliability of DNA tests and other evidence presented by the prosecution.