Tyler Robinson’s defense attorneys are asking a Utah judge to remove the potential death penalty from the case involving the fatal shooting of Charlie Kirk. The defense argues prosecutors failed to establish probable cause for the only aggravating factor that could make Robinson eligible for execution. The filing says the single bullet traveled downward from a rooftop and did not pass through the crowd at Utah Valley University. Judge Tony Graf Jr. is expected to rule on whether the case can proceed to trial on September 1.
| 1) | Defense challenges the death penalty aggravating factor |
|---|---|
| 2) | Arguments focus on the bullet’s trajectory and crowd risk |
| 3) | Prosecutors are expected to defend the case before the ruling |
| 4) | Defense also seeks dismissal of lesser charges and enhancements |
| 5) | The case remains unresolved as Robinson awaits a trial decision |
Defense challenges the death penalty aggravating factor
In a 41-page brief made public Tuesday night, attorneys Kathy Nester, Michael Burt, Richard Novak and Staci Visser argued that prosecutors had not met the legal standard needed to preserve a potential death sentence. The filing challenges the allegation that Robinson knowingly created a high probability of death for someone other than Kirk or himself.
The issue arose after a week-long preliminary hearing in early July. Judge Tony Graf Jr. gave both sides time to submit written arguments before deciding whether prosecutors presented enough probable cause to send the case to trial. The defense said the aggravating circumstance should be removed before that decision.
“The facts and the law require this Court to strike the sole aggravating factor,” the defense attorneys wrote.
Arguments focus on the bullet’s trajectory and crowd risk
Charlie Kirk, 31, was shot and killed on September 10, 2025, while speaking at a Turning Point USA event at Utah Valley University in Orem, Utah. He was addressing more than 2,000 people in a courtyard when a single bullet struck him in the neck.
Robinson’s lawyers emphasize that no other person was hit and that investigators recovered a .30-06 bolt-action Mauser rifle containing a spent casing and three unfired rounds. They contend the shot originated from a rooftop and traveled downward above the crowd before striking Kirk, meaning no one else was in the bullet’s line of fire.
“The only evidence presented supports that the bullet travelled above, not through, the crowd,” the defense wrote.
Prosecutors are expected to defend the case before the ruling
Utah County prosecutors have until next week to respond to the defense brief. Their case alleges that Robinson is the person shown in surveillance footage approaching a rooftop position on the far side of the packed courtyard before the shooting.
A criminal defense commentator, Donna Rotunno, said the defense argument faces significant difficulty at the probable-cause stage. She said the hearing evidence showed the shooter’s location, Kirk’s position and the number of people present, allowing prosecutors to argue that others were exposed to danger without calling a witness specifically to describe the risk.
“If you drive a car into a crowd, that whole crowd is in danger,” Rotunno said.
Defense also seeks dismissal of lesser charges and enhancements
The defense filing also renews objections to hearsay evidence presented at the preliminary hearing. Attorneys argue that the evidence has not been shown to be reliable, although similar objections were rejected in July.
Robinson’s lawyers further ask the judge to dismiss allegations of witness tampering and committing a violent offense in the presence of a child. They contend Robinson was advising his roommate, Lance Twiggs, to exercise constitutional rights and that prosecutors did not establish Robinson knew children were present during the shooting.
The defense also disputes an enhancement alleging that Kirk was targeted because of his political expression. Attorneys challenge the interpretation of an alleged message from Robinson referring to Kirk’s “hatred,” arguing that the evidence does not establish that political views motivated the attack.
The case remains unresolved as Robinson awaits a trial decision
Tyler Robinson, 23, has not entered a plea. The defense filing cites alleged communications with Lance Twiggs, including a message stating, “I had the opportunity to take out Charlie Kirk and I took it,” while arguing that the communications do not mention an intent to harm anyone else.
The judge’s expected September 1 decision will address whether the prosecution has established probable cause for the case to proceed. It will also determine whether the death penalty aggravator and the additional charges and enhancements remain in the case. The allegations have not been resolved in court.
| No. | Key Point |
|---|---|
| 1 | The defense wants the sole death penalty aggravator removed. |
| 2 | The defense says the bullet traveled above the crowd. |
| 3 | Prosecutors are due to respond before the September 1 hearing. |
| 4 | Robinson also challenges lesser charges and a political-targeting enhancement. |
Summary
The defense is seeking to limit the potential penalties and charges against Tyler Robinson before Judge Tony Graf Jr. rules on probable cause. Its central argument is that prosecutors have not shown a legally sufficient risk to anyone besides Charlie Kirk. Prosecutors will have an opportunity to respond, and the court’s September 1 decision will determine the next stage of the case.
Frequently Asked Questions
What is Robinson asking the judge to do?
He is asking the judge to remove the aggravating factor that could make him eligible for the death penalty, along with dismissing certain lesser charges and an enhancement.
What is the defense’s main argument?
The defense says the single bullet struck Kirk after traveling downward from a rooftop and did not create a high probability of death for anyone else in the crowd.
When is the judge expected to rule?
Judge Tony Graf Jr. is expected to announce whether the case can proceed to trial at a September 1 hearing.