Tyler Robinson’s attorneys argue against the death penalty in filing

Aug. 13 (UPI) — Lawyers for Tyler Robinson, the man accused of shooting and killing right-wing activist Charlie Kirk at a Utah Valley University event in 2025, argue in a court filing that he shouldn’t be eligible for the death penalty because prosecutors failed to show that he put others in danger, an important element of aggravated murder.

Defense attorneys argued in a Tuesday court filing that the Utah County Attorney’s Office “wholly fail to carry its burden of proof.” It also argued that prosecutors “failed to establish probable cause that the shooter ‘knowingly created a great risk of death to another other than Charlie Kirk’ and himself.”

In Utah, aggravated murder must have at least one “statutory aggravating factor,” such as killing a minor or the defendant having a violent crime history. In this case, prosecutors argued that the shooter posed “a great risk of death” to others.

Defense attorneys argue in the filing that no one else was in the line of fire.

“The only evidence presented supports that the bullets traveled above, not through, the crowd,” Robinson’s lawyers wrote.

Robinson hasn’t entered a plea. Graf will hold another hearing on Sept. 1.

The prosecutors and defense attorneys made their cases about aggravated murder in a July preliminary hearing.

Robinson’s attorneys say that prosecutors must show that there was a “high probability” that someone else could have been hurt on Sept. 10, not just a “possibility.” They want Judge Tony Graf to eliminate the aggravating factor.

Robinson allegedly used his grandfather’s rifle to shoot Kirk in the neck during a Turning Point USA event on the campus. He allegedly shot the gun from atop a building on campus.

“The bullet that struck and killed Mr. Kirk was not fired in an enclosed bedroom or space but rather, an open-air arena with what the state’s witnesses termed, ‘a clear line of sight,'” the brief said. “There were no threats to others in the course of conduct. There was no one ‘directly’ next to Mr. Kirk when he was shot, and there was no one under the tent on the side that Mr. Kirk was struck or behind him in the breezeway.”

“Multiple shots were not fired,” they added. “There were no ricocheting bullets.”

Prosecutors argued that Robinson had three more bullets loaded into the rifle, showing that he was ready to continue firing. Utah County Attorney Jeff Gray wrote in an earlier filing that Robinson dis***embled the rifle to be able to carry it in his pants. That alone could have affected firing accuracy by re***embling it, which could make it lose calibration, putting others at risk.

In September, prosecutors filed an enhancement to the charges that could increase penalties for Robinson if he is convicted. They’ve argued that Robinson targeted Kirk because he is opposed to gay marriage and transgender rights.

They said that’s in “stark contrast” to Robinson’s personal life. Robinson was in a relationship with his male roommate, Lance Twiggs, who was considering transitioning genders.

Robinson’s attorneys argued that the only evidence showing possible motivation is a text to his roommate that said, “I had enough of this hatred.”