Tyler Robinson’s defense team is arguing against the death penalty in Utah’s murder case over the fatal shooting of conservative activist Charlie Kirk, contending that the single shot fired on Sept. 10, 2025, did not endanger anyone other than Kirk himself.
Robinson, 23, is accused of killing Kirk during a Turning Point USA event at Utah Valley University in Orem. Prosecutors have charged him with aggravated murder and are seeking the death penalty, but his attorneys filed a brief in August 2026 asking a judge to strike the sole aggravating factor that makes him eligible for capital punishment.
In Utah, not every homicide qualifies as a capital crime. Prosecutors must prove an “aggravating factor” to make a case eligible for the death penalty. In Kirk’s killing, prosecutors argue the aggravating factor is that Robinson created a “great risk of death” to others when he fired from atop a building toward a crowd of thousands.
The defense team counters that the evidence does not support this claim. In their Aug. 11 filing, Robinson’s attorneys argued prosecutors “wholly fail[ed] to carry its burden of proof” during a weeklong preliminary hearing in July that presented evidence linking Robinson to the crime, according to the Salt Lake Tribune.
The defense points to several details: only one shot was fired, it struck Kirk in the neck while he sat on an elevated platform, and the bullet traveled above the crowd rather than through it. A man was asking Kirk a question from the crowd at the moment of the shooting, but the defense argues he was not in the line of fire. The defense also notes there was no one directly beside Kirk or behind him in the breezeway where the tent stood.
“Multiple shots were not fired,” the defense brief stated. “There were no ricocheting bullets.”
Robinson’s attorneys argue prosecutors must show not merely a “possibility” that someone else could have been hurt, but a “high probability” of death, and that Robinson knew of that risk. They are asking Fourth District Judge Tony Graf to strike the aggravating factor, which would make Robinson ineligible to face the death penalty if convicted.
Prosecutors counter that the evidence shows Robinson posed a danger to others. They point to the distance from the rooftop to the crowd, the number of people in the area, and evidence that Robinson had previously missed targets during shooting practice—suggesting he may not have achieved the precision he intended. The Utah County Attorney’s Office also notes that Robinson had three more bullets loaded in the rifle, which prosecutors argue shows he was prepared to keep firing.
Robinson faces seven charges total, including aggravated murder and witness tampering. Prosecutors have said Robinson confessed to the killing in a note to his roommate and in messages to others.
Judge Graf is scheduled to rule on Sept. 1, 2026, on whether prosecutors have established probable cause to send the case to trial and whether the death penalty will remain an option. The judge will hear up to two hours of closing arguments from each side before announcing his decision from the bench, according to Utah courts spokesperson Tania Mashburn.
Sources
- The Salt Lake Tribune — Robinson’s defense filing and arguments about the aggravating factor and line of fire
- PBS NewsHour — Defense arguments that the shooter “hit the intended target” and did not endanger others
- Courthouse News Service — Prior ruling that death penalty remains on the table despite defense challenges
- St. George News — Details on the Sept. 1 hearing, judge’s timeline, and prosecution’s counterarguments
