Defense Seeks to Remove Death Penalty Option in Charlie Kirk Shooting Case

Attorneys representing Tyler Robinson, accused in the September 2025 shooting death of conservative activist Charlie Kirk, filed court documents Tuesday challenging the viability of capital charges against their client. In a 41-page brief, the defense team contended that prosecutors have not adequately demonstrated the legal basis required to pursue a death sentence under applicable statutes.

Robinson, 23, stands accused of fatally shooting the 31-year-old Kirk during a Turning Point USA event at Utah Valley University on September 10, 2025. Kirk, who founded the organization to promote conservative causes on college campuses, was addressing an audience exceeding 2,000 people in an outdoor courtyard when he was struck by a single bullet and killed.

The defense team—comprising attorneys Kathy Nester, Michael Burt, Richard Novak, and Staci Visser—argued that prosecutors failed to establish probable cause for the aggravating factor required to justify capital punishment. Specifically, they contended the state did not prove the shooting created a substantial risk of death to individuals other than Kirk or that Robinson understood this danger.

Removing the aggravating circumstance would eliminate the possibility of a death sentence. The defense emphasized that only one shot was fired, striking Kirk alone, and that no other individuals sustained injuries during the incident.

Defense filings noted the fatal round originated from a rooftop and followed a downward trajectory, arguing that no spectators occupied the projectile’s path. When recovered, the suspected murder weapon—a .30-06 bolt-action Mauser rifle—contained one spent casing and three unfired rounds.

The defense also pointed to communications between Robinson and alleged accomplice Lance Twiggs as evidence Kirk was the sole intended target. One referenced message stated: “I had the opportunity to take out Charlie Kirk and I took it,” with no mention of threats toward others.

Judge Tony Graf Jr. afforded both parties time to file briefs following a week-long preliminary hearing in early July. A ruling on probable cause is scheduled for September 1, when Graf is expected to determine whether sufficient grounds exist to advance the case to trial.

Legal analyst Donna Rotunno, a Chicago-based attorney and Fox News contributor, characterized the defense argument as unlikely to succeed at the probable cause stage. She noted that preliminary hearing evidence already demonstrated the courtyard’s crowded conditions and established the shooter’s positioning relative to Kirk and spectators.

Rotunno stated that prosecutors need not call witnesses specifically testifying to crowd danger, given other evidence introduced demonstrating the circumstances. She compared the situation to driving a vehicle into a crowd, asserting that such actions inherently endanger all nearby individuals.

The defense further pursued challenges to hearsay evidence from the preliminary hearing, renewing arguments prosecutors failed to establish its reliability. Robinson’s attorneys also sought dismissal of witness tampering and violent offense charges involving a child, contending Robinson merely advised Twiggs to assert constitutional rights and that Robinson lacked knowledge of minors’ presence.

Additionally, the defense contested an enhancement alleging Kirk was targeted for political expression. They disputed the interpretation of an alleged text stating “I had enough of his hatred,” asserting the message did not establish political motivation for violence.

Prosecutors are required to file a response brief by the following week. Robinson has not yet entered a plea to the charges.