A Utah judge is set to rule on Sept. 1 whether the state can pursue the death penalty against Tyler Robinson, the man accused of fatally shooting conservative activist Charlie Kirk at Utah Valley University on Sept. 10, 2025.
In a 41-page court filing submitted Tuesday, Robinson’s defense team argued that prosecutors have not met the legal threshold to justify capital punishment. The defense contends that the shooting did not create a “high probability” of death to anyone other than Kirk, a key aggravating factor under Utah law required for the death penalty. The filing asserts that prosecutors failed to identify any individuals who were in the bullet’s path and that video evidence from the preliminary hearing showed no one was positioned in a way that placed them at risk.
Judge Tony Graf Jr. is expected to decide whether there is sufficient probable cause to proceed to trial after reviewing arguments from both sides. Prosecutors have until Aug. 18 to respond to the defense’s filing. Robinson, 23, has not yet entered a plea in the case.
Core Legal Dispute: The Aggravating Factor
The central legal dispute hinges on whether the shooting met the statutory aggravating factor that could make Robinson eligible for the death penalty. Under Utah law, prosecutors must prove that the defendant knowingly created a great risk of death to another person besides the intended victim. Robinson’s attorneys argue that the prosecution has not met this burden.
The defense’s filing highlights two alleged flaws in the prosecution’s case:
- Factual flaw: Prosecutors did not identify any individuals who were in the bullet’s trajectory. The defense points to video evidence showing that the person questioning Kirk immediately before the shooting was not in the line of fire, and no one was positioned directly behind the pop-up tent where Kirk was seated.
- Legal flaw: The prosecution’s argument relies on the possibility that others could have been harmed, rather than proving a high probability of death to someone other than Kirk.
Prosecution’s Position: Overwhelming Evidence Presented
Prosecutors have previously argued that the case is “straightforward” and that they have presented “overwhelming” evidence against Robinson. This includes:
- DNA tests linking Robinson to the suspected murder weapon, which were presented during a preliminary hearing in July.
- Alleged confessions by Robinson, including a statement to his roommate that he killed Kirk because he “had enough of his hatred.” The defense disputes the reliability of this statement, noting that searches of Robinson’s apartment, computers, and phone did not produce additional evidence supporting a motive tied to Kirk’s political or religious views.
Prosecutors allege that Robinson targeted Kirk due to his conservative activism and religious beliefs, arguing that Robinson’s lifestyle “stood in sharp contrast” to Kirk’s views. The defense disputes this, stating that the evidence does not prove Robinson’s motivation was connected to Kirk’s political or religious beliefs.
Background: The Shooting and Aftermath
Robinson turned himself in one day after Kirk’s death at the Turning Point USA event, which was attended by more than 2,000 people. Kirk, the 31-year-old co-founder of Turning Point USA, was speaking on the Utah Valley University campus when he was struck by a single bullet and killed.
The defense has previously attempted to block the death penalty by arguing that prosecutors publicly discussed the case before a possible trial, which the judge ruled in contempt of court. Robinson faces multiple murder charges in connection with Kirk’s death.
Next Steps: Judge’s Decision Looms
The judge’s ruling on Sept. 1 will determine whether the case proceeds to trial with the death penalty as a possible punishment. If the aggravating factor is struck down, the death penalty would be removed from consideration. The defense has argued that prosecutors had over ten months to investigate the shooting and failed to develop legally sufficient evidence to support the aggravating factor.