Tyler Robinson’s defense is pressing a Utah judge to remove the death penalty risk in the Charlie Kirk death penalty case, arguing prosecutors have not shown enough evidence to keep the capital charge alive. In a court filing made public Tuesday night, Robinson’s attorneys said the state has not established the sole aggravating factor that could expose him to execution if the case goes to trial.
The defense team — Kathy Nester, Michael Burt, Richard Novak and Staci Visser — wrote that the facts and the law require the court to strike that aggravating factor. They said prosecutors failed to prove Robinson “knowingly created a great risk of death to another” besides Kirk, the standard they say is needed for the death penalty to remain in play. Without that aggravator, they argue, the death penalty would no longer be an option. Judge Tony Graf Jr. is expected to rule on whether there is enough probable cause to send the case to trial at a Sept. 1 hearing, after a week-long preliminary hearing in early July.
Robinson, 23, is accused of shooting Kirk, 31, on Sept. 10, 2025, at Utah Valley University during a Turning Point USA event. Kirk, who founded the organization to promote conservatism on college campuses, was speaking to a crowd of more than 2,000 in a courtyard when he was struck by a single bullet and killed. The defense says the state’s evidence does not support the claim that anyone else was placed in danger by the shot. According to the filing, only one round was fired, it hit Kirk, and no one else was struck.
Defense lawyers also pointed to the angle of the shot, saying the bullet came from a rooftop and traveled downward before hitting Kirk. In their view, that means the projectile moved above the crowd rather than through it. They further argued that the evidence tied the suspected weapon — a .30-06 bolt-action Mauser rifle — to Kirk as the lone target. Prosecutors, they noted, also introduced communications they say show Robinson intended to kill Kirk, including an alleged message that said, “I had the opportunity to take out Charlie Kirk and I took it.” The defense said that message contains no threat toward anyone else.
