Lawyers for the man charged with killing conservative activist Charlie Kirk say he shouldn’t be eligible for the death penalty because the shooter “hit the intended target” during the assassination last year at a Utah event attended by thousands of people.
Defendant Tyler Robinson’s attorneys say prosecutors have not proven that others who attended Kirk’s event at Utah Valley University on Sept. 10 were endangered by the shooting — a potentially aggravating factor under state law that would make it a capital crime.
The defense lawyers also disputed claims that Robinson targeted Kirk over his political views. Prosecutors alleged that Robinson told his roommate that he killed the activist because he “had enough of his hatred.” But the defense said that was not enough to prove what could have motivated Robinson, after searches of his apartment, computers and telephone failed to produce anything beyond that one statement.
The arguments were contained in documents filed late Tuesday as the defense tries to block the case from proceeding to trial.
Prosecutors last month presented what they call “overwhelming” evidence against Robinson, including DNA tests that tie him to the suspected murder weapon and apparent confessions by the defendant.
His defense attorneys during that hearing questioned the reliability of the prosecution’s evidence, but they didn’t offer any alternative theories for Kirk’s assassination. The defense made no mention of DNA in Tuesday’s filing.
Robinson has not yet entered a plea in the case. He turned himself in a day after Kirk was killed.
His defense attorneys previously tried to get the death penalty taken off the table after prosecutors were found to be in contempt of court for talking about the case to the media. State District Judge Tony Graf rejected that request.
Prosecutors have until Aug. 18 to respond to the defense arguments. The Associated Press left telephone and email messages with the Utah County Attorney’s Office seeking comment.
Robinson faces possible sentence enhancements if prosecutors can prove he targeted Kirk because of his political views.
Robinson’s former roommate, Lance Twiggs said in an April interview with prosecutors and investigators that Robinson sometimes talked about politics, including President Donald Trump. But Twiggs said he never heard Robinson talk about Kirk before the shooting. The defendant also did not talk much about gender issues or LGBTQ+ rights, Twiggs said.
Closing arguments in the preliminary hearing are scheduled for Sept. 1. Graf will then decide if the case can go to trial and on what charges.
Preliminary hearings typically don’t last so long. Legal experts said the slow pace reflects a cautious approach by Graf and the large volume of evidence. Lawyers for Kirk’s family have asked Graf to make his decision on Sept. 1 so they case can proceed without further delay.