Attorneys for Tyler Robinson, accused of the September 2025 shooting of conservative activist Charlie Kirk at Utah Valley University, challenge the prosecution’s effort to pursue the death penalty. In a recent 41-page filing, Robinson’s legal team requested Fourth District Judge Tony Graf Jr. to remove the aggravated murder charge and dismiss the key aggravating factor in the case. They argue the prosecution did not prove Robinson knowingly created a “great risk of death” to anyone besides Kirk, based on coverage from KSL.
In their filing, defense attorneys highlighted two main flaws in the prosecution’s case. The prosecution claimed multiple people were in the shooter’s “line of fire” when Kirk was shot. However, the defense pointed out both factual and legal issues. Factually, they contend no one was identified in the bullet’s path. Video evidence from July’s preliminary hearing showed that the individual questioning Kirk before the incident was not directly in danger, and there was no one positioned behind the tent where Kirk was sitting. The elevated position of Kirk made the bullet travel above the crowd, rather than through it.
Legally, the defense argues that Utah law requires the state to show a “high probability” that others faced death, not simply that bystander injury was possible. If Judge Graf agrees and removes the aggravating factor, Robinson may no longer face the death penalty if convicted.
The case hinges on whether it meets the criteria for aggravated murder, the only type of homicide in Utah eligible for the death penalty. Prosecutors allege Robinson created a great risk when a rifle shot struck Kirk during a crowded Turning Point USA event. They link this allegation to their pursuit of capital punishment. Robinson’s team argues the evidence does not establish that anyone besides Kirk was knowingly endangered by the shooter.
The defense also refutes claims of a political motive behind the shooting, which could lead to sentence enhancements. Prosecutors cited statements Robinson allegedly made to a roommate after the incident, expressing frustration. Despite this, search efforts of Robinson’s belongings failed to find evidence of a political motive.
The Utah County Attorney’s Office has until August 18 to respond to the defense’s filing. Judge Graf is expected to rule on September 1 on whether there is enough probable cause for Robinson to stand trial and if the pursuit of the death penalty will proceed.