In a 41-page filing submitted on August 11, the defense attorneys for Tyler Robinson, who is accused of shooting and killing the late conservative activist Charlie Kirk, argued that the death penalty should be removed as a possibility because the state has thus far failed to demonstrate the “aggravating factors” that warrant the punishment. The team also argues that the entire case should not move forward to trial due to failure to demonstrate probable cause.
A five-day preliminary hearing took place in Utah in early July, and on September 1, the state and defense attorneys will make final arguments as to whether the case should proceed to trial.
In the filing, the defense team wrote, “The State had over ten months to investigate the shooting death of Charlie Kirk and to develop legally sufficient evidence that Mr. Robinson ‘knowingly created a great risk of death to another other than Charlie Kirk and the defendant,’ the sole aggravator alleged in the Information which in theory exposes Mr. Robinson to the potential punishment of death.”
Robinson is charged with aggravated murder along with lesser offenses. According to Utah law, “aggravating circumstances” must be proven to make a murder charge “aggravated” and therefore eligible for the death penalty. In this case, the sole aggravating factor charged by the state is that there was a high probability known to Robinson that someone other than Kirk could die during the crime of killing Kirk.
NEW: In a response to the state’s motion for probable cause, Tyler Robinson's defense argues this shouldn't be a death penalty case because Robinson didn't intend to kill anyone other than Charlie:
— Andrew Kolvet (@AndrewKolvet) August 12, 2026
"The apparent defense strategy here isn't to prove that Tyler Robinson didn't… pic.twitter.com/imhhm8bNTY
The defense team argues that in the text messages allegedly sent by Robinson, only Kirk is mentioned as an intended target, and that the assumed “line of sight” from the shooting perch on the rooftop of the Losee Center would not have endangered anyone else.
Some commentators on X argue that the filing is an implied admission by the defense team that Tyler Robinson shot Charlie Kirk, but others disagree and assert the move is purely procedural.
One section of the filing from the defense addresses the issue the the state is operating under assumption, not fact, that Robinson is the individual seen on surveillance footage and beyond, and not someone else:
“This Court may not bind over Mr. Robinson based upon the State’s evidence consisting primarily of hearsay that has not been assessed for reliability,” the filing reads. “This is particularly true as it relates to the evidence cited by the State to establish identity for all of the charged counts…This evidence consists largely of alleged communications between Mr. Robinson and Mr. Twiggs, alleged communications between Mr. Robinson and other individuals on the application Discord, and an identification of Mr. Robinson from UVU surveillance footage.”
“This evidence came from, or became presumptively admissible through, a recorded interview between the Utah County Attorney’s Office and witness Lance Twiggs, St.Ex. 16, a witness the Court would not allow Mr. Robinson to seek to subpoena from another state to testify at the preliminary hearing,” the statement continued. “The State has failed to prove probable cause by reliable evidence that satisfies each element of each of the charged evidence. This Court must decline to bind over on all charges.”
The state has the opportunity to submit a rebuttal by August 18.
Save and Share This Catholic Patriotic Minute!
