The defense team for Tyler Robinson, the man accused of killing conservative activist Charlie Kirk last September, has argued that the defendant should be spared the death penalty because he only “shot the intended target.” Defense attorneys insist that the prosecution has not been able to prove that the alleged perpetrator endangered the lives of others by committing aggravated murder.
The latter, which is a crime punishable by death in the state of Utah, requires at least one “statutory aggravating factor” to qualify as such.
Kirk, a popular podcaster and co-founder of Turning Point USA, was shot in the neck and killed while speaking to about 3,000 attendees at an event at Utah Valley University in Orem on September 10, 2025.
Robinson was arrested two days later. Investigators allege he was the sniper who fired the gun from a rooftop about 130 meters (430 feet) into the packed venue.
In court documents filed Tuesday, Robinson’s defense attorneys argued that prosecutors had failed to prove beyond a reasonable doubt that the defendant “knowingly created a substantial risk of death to anyone other than Charlie Kirk.” Kathy Nester, Michael Burt, Richard Novak and Staci Visser wrote that “the only evidence presented supports the fact that the bullet traveled over the crowd, not through it,” and thus no one other than Kirk was in the line of fire.
Robinson's defense team also emphasized that the suspect did not specifically mention "any threat or intentional harm to any other individual" in communications with his partner, Lance Twiggs, which was cited as evidence by authorities.
The lawyers also sought to dismiss another potential aggravating factor, namely the fact that Robinson had targeted Kirk for political reasons. Citing text messages between the defendant and his transgender girlfriend, the defense team insisted that Robinson’s explanation that he was “fed up with Kirk’s hatred” referred to general “hatred” and not a specific political view.
Prosecutors, on the other hand, claim that Robinson's alleged motivation for the murder stems from Kirk's public opposition to same-sex marriage and gender transition.
According to family members and media reports, Robinson was radicalized and mentioned the conservative activist in conversations before the shooting. Unexploded bullets recovered from the rifle suspected of being used in the killing reportedly bore graffiti, including “Hey, fascist! Catch him!”
Robinson's defense team had asked Utah District Judge Tony Graf in June to block prosecutors from seeking the death penalty, accusing them of organizing a "media tour" about a bullet fragment found in Kirk's body. Defense attorneys argued that this violated restrictions on public comment on the case.
The hearing is expected to resume on September 1, with Robinson still undecided.
