Defense seeks to eliminate death-penalty aggravator in Charlie Kirk murder case
Attorneys for Tyler Robinson argue that prosecutors have not proved the aggravating factor needed for a death-penalty charge in the killing of Charlie Kirk.
Tyler Robinson’s defense team filed a detailed memorandum asking Judge Tony Graf Jr. to strike the only aggravating factor that could make the case eligible for the death penalty. The attorneys argue that the prosecution has not shown that the gunfire created a substantial risk of death to anyone other than Charlie Kirk, who was killed by a single shot during a Turning Point USA event at Utah Valley University. They note that the bullet traveled from a rooftop downward, missing the surrounding crowd, and that the recovered.30-06 Mauser rifle contained only one spent casing and three unfired rounds.
The brief also seeks to suppress hearsay evidence presented at the preliminary hearing and to dismiss two lesser counts, including witness tampering. Prosecutors have a deadline next week to reply, and the judge’s decision on probable cause is slated for a September 1 hearing.
Why it matters
The ruling will determine whether the death penalty remains an option in a high-profile political murder case.
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