Lawyers representing the man accused of killing conservative activist Charlie Kirk are asking a Utah judge to remove a key factor prosecutors are using to pursue the death penalty.
Tyler Robinson, 23, is charged with aggravated murder and other offenses in the September 10, 2025 shooting at Utah Valley University. Prosecutors allege Robinson fatally shot Kirk while the Turning Point USA founder was speaking at an outdoor campus event. Robinson has not been convicted, and the case remains pending.
The defense’s latest argument focuses on whether the shooting created a “great risk of death” to other people.
Robinson’s attorneys contend that the evidence shows Kirk was the intended target and that the single shot did not place others at sufficient risk to justify that aggravating factor, according to Associated Press reporting published Thursday.
The distinction could have major consequences.
Utah prosecutors are seeking the death penalty. Removing an aggravating circumstance could weaken the legal foundation prosecutors are relying on to make Robinson eligible for capital punishment.
The prosecution has previously alleged that Robinson targeted Kirk because of Kirk’s political views. Defense attorneys dispute that characterization.
Evidence presented during earlier proceedings included surveillance video that prosecutors say showed Robinson in a sniper position on a building as the fatal shot was fired. An investigator identified the person shown in the footage as Robinson.
The high-profile case has drawn national attention since Kirk’s killing and remains far from resolved.
The latest dispute does not determine Robinson’s guilt or innocence. Instead, it centers on a crucial question about what punishment prosecutors could seek if he is ultimately convicted of aggravated murder.
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