Defense Seeks to Remove Death Penalty in Charlie Kirk Shooting Case

Loading Twitter/X Embed...
If tweet fails to load, click here.

Loading Twitter/X Embed...
If tweet fails to load, click here.

quote:

---

Defense Admits It: Tyler Robinson Killed Charlie Kirk — Lawyers Just Want the Death Penalty Off the Table

PROVO, Utah — Lawyers for Tyler Robinson, the man charged with fatally shooting conservative activist Charlie Kirk, argued in a 41-page court filing that prosecutors have failed to show the case should be eligible for the death penalty.

The brief, made public this week, asks 4th District Judge Tony Graf to strike the sole aggravating factor alleged in the aggravated murder charge. Without it, Robinson would no longer face capital punishment if convicted.

Defense attorneys Kathryn Nester, Michael Burt, Richard Novak and Staci Visser wrote that the state did not establish probable cause that Robinson “knowingly created a great risk of death to another individual other than Charlie Kirk and the defendant.” That language is required under Utah law for the case to remain death-eligible.

“The facts and the law require this Court to strike the sole aggravating factor,” the filing states. It adds that the state’s presentation of evidence on the issue at a July preliminary hearing “wholly fails to carry its burden of proof.”

Robinson, 23, is accused of killing Kirk with a single shot from a rooftop at Utah Valley University on Sept. 10, 2025, as Kirk spoke to a large outdoor crowd. Prosecutors have said the presence of the crowd created the necessary risk to others.

The defense counters that only one shot was fired and it struck only Kirk. The bullet followed a downward trajectory from the roof and traveled above the crowd rather than through it, according to the filing. No one stood immediately beside Kirk or in the direct line of fire, and no additional shots or ricochets occurred, the lawyers wrote.

Messages between Robinson and his roommate and romantic partner, Lance Twiggs, show an intent focused solely on Kirk, the defense said, citing language such as “I had the opportunity to take out Charlie Kirk and I took it.” The filing states there is no reference to harming anyone else.

The brief also seeks dismissal of a victim-targeting enhancement, a witness-tampering charge and a count alleging a violent offense in the presence of a child. Defense attorneys argue the available evidence does not support those allegations at the probable-cause stage.

Prosecutors have a deadline next week to respond. Graf is scheduled to hear final arguments Sept. 1 before deciding whether the case should proceed to trial.
11:35 AM · Aug 12, 2026
·
3,066
Views

---