Charlie Kirk Murder Case: Defense Challenges Death Penalty Possibility

Defense attorneys for Tyler Robinson, accused of assassinating Charlie Kirk, submitted a court filing on Tuesday asserting that prosecutors haven’t proven their case for the death penalty.

In a 41-page brief, the defense team—Kathy Nester, Michael Burt, Richard Novak, and Stacey Visser—argued that the law necessitates finding at least one aggravating factor to consider such a severe punishment.

Earlier this July, after a week-long preliminary hearing, Judge Tony Graf Jr. allowed both sides to present their briefs before deciding if there’s enough probable cause to continue towards a trial. A ruling is expected on September 1.

Robinson, 23, is charged with fatally shooting Kirk, 31, during a Turning Point USA event at Utah Valley University on September 10, 2025. Kirk was speaking to a crowd of over 2,000 when he was shot.

The defense contends that the prosecution failed to demonstrate probable cause regarding aggravating factors, arguing that Robinson did not intend for anyone else besides Kirk to be harmed.

If the alleged crime lacks aggravation, the possibility of the death penalty would be dismissed.

Robinson’s attorneys claim that, despite months of investigation, the prosecution has not adequately shown that Robinson “intentionally created a significant risk of death to others.” They point out that only Kirk was shot, and his lawyers argue that there was no indication anyone else was targeted.

In the filing, they highlighted that the bullet struck Kirk after being fired from a rooftop, suggesting that it passed over the crowd rather than through it. This detail could support their case that the shot was not a direct attack on others present at the event.

The suspected murder weapon—a .30-06 bolt-action Mauser rifle—was found with spent shell cases and live ammunition, but defense filings argue that evidence indicates Kirk was the sole intended victim.

Prosecutors, however, counter that Robinson was captured on surveillance approaching the location from which the shot was fired. They maintain that evidence shows he posed a risk to the crowd as well.

Robinson’s death penalty defense faces challenges, as ongoing legal arguments suggest a mix of strategies that have not proven fruitful in previous hearings. Observers like attorney Donna Rotunno argue that the preliminary hearing already indicated a significant risk to the audience, emphasizing that the defense’s claims don’t negate that risk.

The prosecution plans to respond to the defense’s brief next week. A public hearing on the judge’s decision is set for September 1, a key date in this ongoing legal case.

Robinson has yet to enter a plea in relation to the charges against him.