Utah prosecutors are pressing a judge to advance all charges against Tyler Robinson, including the possibility of the death penalty, in connection with the killing of Charlie Kirk. They contend that the evidence against Robinson is substantial and are actively countering defense efforts to remove the death penalty as a sentencing option.
In a 19-page document filed on Tuesday, the prosecution formally responded to a defense brief. That brief requested Judge Tony Graf to invalidate the single aggravating factor that could make Robinson eligible for capital punishment.
Arguments Regarding the Death Penalty Aggravating Factor
The defense has asserted that prosecutors have not adequately demonstrated that the shooting endangered anyone beyond Kirk himself. However, prosecutors argue that the evidence indicates otherwise. They maintain that Robinson allegedly discharged a high-powered rifle, belonging to his grandfather, into a crowd of thousands, with multiple individuals directly in the line of fire or in close proximity to Kirk.
Prosecutors dismissed the defense's contention that the bullet traveled above the crowd, emphasizing that individuals near Kirk were still within the "zone of danger" established when Robinson allegedly fired the weapon.
"The evidence here easily establishes at least probable cause" that Robinson knowingly created a great risk of death to others, prosecutors wrote. They added that the evidence is "more than sufficient to support a finding beyond a reasonable doubt."
Response to Broader Evidentiary Challenges
The state's filing also addressed the defense's broader challenge to the evidence presented during Robinson's preliminary hearing.
"Defendant does not challenge the substance of the evidence demonstrating that he was the person who crawled to the sniper’s perch on the Losee Building rooftop, fired the fatal shot that killed Mr. Charlie Kirk, hid the rifle in a wooded area, got rid of some of the clothing he was wearing, and told his roommate to delete their texts about the shooting," prosecutors wrote in their filing.
Accusations of Misconduct and Additional Charges
Furthermore, prosecutors accused Robinson's legal team of relying on case law that had been subsequently overturned by the Utah Supreme Court, without informing the judge of these later decisions.
"This blatant omission violates counsel’s duty of candor to the court," prosecutors stated.
The filing also defended a witness-tampering charge involving Robinson's roommate and an allegation that Robinson committed a violent offense in the presence of a child. Prosecutors additionally argue there is evidence suggesting Kirk was targeted due to his political views, pointing partly to a cartridge engraved with the phrase "Hey fascist, catch."
Robinson, 23, stands accused of fatally shooting Kirk, 31, while Kirk was speaking at Utah Valley University on September 10, 2025. Robinson has not yet entered a plea in the case.
Judge Graf is scheduled to make a decision at a September 1 hearing on whether the prosecution has presented sufficient probable cause to advance the case to trial.