Tyler Robinson, the man accused of fatally shooting conservative activist Charlie Kirk, should not be eligible for the death penalty because he allegedly “hit the intended target” during the assassination at a Utah event attended by thousands, his defense attorneys argue.
In documents filed late on Tuesday, Robinson’s lawyers contend that prosecutors have not proven that other attendees at Kirk’s event at Utah Valley University on 10 September were endangered by the shooting—a potentially aggravating factor under state law that would make it a capital crime.
Defense Challenges Political Motive Claims
The defense also disputed allegations that Robinson targeted Kirk over his political views. Prosecutors alleged that Robinson told his roommate he killed the activist because he “had enough of his hatred.” However, the defense said that statement alone was insufficient to prove motive, especially after searches of Robinson’s apartment, computers, and telephone failed to yield any additional evidence beyond that one remark.
The arguments were filed as the defense attempts to block the case from proceeding to trial. Robinson has not yet entered a plea; he turned himself in a day after Kirk was killed.
Prosecution Presents 'Overwhelming' Evidence
Last month, prosecutors presented what they called “overwhelming” evidence against Robinson, including DNA tests linking him to the suspected murder weapon and apparent confessions by the defendant. During that hearing, defense attorneys questioned the reliability of the prosecution’s evidence but offered no alternative theories for Kirk’s assassination. The defense made no mention of DNA in Tuesday’s filing.
Next Steps in Court
Closing arguments in the preliminary hearing are scheduled for 1 September. Judge Tony Graf will then decide whether the case can proceed to trial and on what charges. The outcome will determine whether Robinson faces the death penalty or life imprisonment.



