Defense in Charlie Kirk’s killing say shooter should not get death penalty, hit ‘intended target’

by | Aug 12, 2026 | Top Stories

Defense in Charlie Kirk's killing say shooter should not get death penalty, hit 'intended target'

Attorneys representing Tyler Robinson, charged with killing conservative activist Charlie Kirk at a Utah Valley University event last year, filed documents arguing against pursuing capital punishment in the case. The defense contends that the shooter hit his intended target with a bullet that traveled above the crowd rather than through it, and prosecutors have not demonstrated that other attendees faced danger—a key factor in determining whether the killing qualifies as a capital crime under state law.

The defense also disputed prosecution claims that Robinson was motivated by Kirk’s political views. While prosecutors allege Robinson told his roommate he killed Kirk because he “had enough of his hatred,” the defense argued this single statement is insufficient to establish motive. Searches of Robinson’s residence, computers, and phone reportedly yielded no additional evidence of political motivation. Prosecutors have presented DNA evidence linking Robinson to the suspected murder weapon and claim he made confessions during questioning.

Prosecutors counter that Robinson’s decision to load his rifle with four bullets indicates he anticipated potentially missing Kirk and thus knowingly endangered others. The defense responded that this interpretation is speculative and that the shooter may have simply believed he would hit his target. Prosecutors have also sought sentence enhancements based on claims that Kirk’s public positions on same-sex marriage and gender issues contrasted with Robinson’s personal circumstances, including a romantic relationship with a roommate who was considering transitioning.

Robinson surrendered to authorities a day after Kirk’s death and has not yet entered a plea. A state district judge previously rejected a defense motion to remove capital punishment from consideration following a finding that prosecutors violated court rules by discussing the case with media outlets. Prosecutors have until Aug. 18 to respond to the defense filings. Closing arguments in the preliminary hearing are scheduled for Sept. 1, when the judge will determine whether the case proceeds to trial and what charges apply.

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