How Tyler Robinson’s Attorneys Plan To Keep Him Off Death Row

Attorneys for Tyler Robinson, the man accused of killing Charlie Kirk, are trying to narrow the prosecution’s path to the death penalty by challenging one of the key aggravating circumstances cited in the case.

The defense argues that the shot allegedly fired at Kirk did not create a sufficiently serious risk to anyone else at the event to qualify under Utah’s capital punishment law. According to the defense, the bullet traveled above the crowd and struck only its intended target.

“The only evidence presented supports that the bullet traveled above, not through, the crowd,” Robinson’s attorneys argued in court filings.

Prosecutors see the situation differently. They contend that firing a rifle toward Kirk at a crowded Utah Valley University event created a serious danger to other people, even if no one else was struck.

They have also pointed to the fact that the rifle allegedly contained four rounds. Prosecutors argue that this suggests the shooter was prepared for the possibility that the first shot might miss, potentially putting others in danger.

The defense has pushed back on that reasoning, arguing that it is equally possible the shooter believed he would not miss.

That disagreement matters because Utah does not automatically make every intentional or premeditated murder eligible for the death penalty. Prosecutors generally must establish at least one statutory aggravating circumstance before capital punishment becomes an option.

One of the circumstances cited in Robinson’s case is the allegation that he knowingly created a great risk of death to someone other than Kirk and himself.

The defense is now arguing that the evidence does not meet that standard.

Robinson’s attorneys are also challenging another part of the prosecution’s theory: the allegation that Kirk was targeted because of his political views.

Prosecutors have pointed to alleged communications and other evidence that they say could help establish motive. According to the prosecution’s theory, Kirk’s public positions on issues involving transgender identity and homosexuality were significant to the alleged motive behind the killing.