Lawyers for the man accused of killing political commentator Charlie Kirk during an event at Utah Valley University last year are now arguing the alleged shooter did not put any of the thousands of attendees in danger — a point they say prevents him from being eligible for the death penalty.
In Tuesday court filings, the legal team of the accused assassin, Tyler Robinson, wrote that he only “hit the intended target” during the shooting. Given this claim, they say the state has failed to meet the burden of proof for an aggravated murder charge — a capital felony that requires prosecutors prove additional circumstances.
In the state of Utah, aggravated murder must involve at least one “statutory aggravating factor” — such as the defendant holding previous violent crime convictions or in cases of the killing of a minor.
In Robinson’s case, prosecutors accused the shooter of posing “a great risk of death” to others, an eligible statutory factor, during Kirk’s killing. Tuesday’s filing also sought to refute that claim.
The defense says the evidence submitted to the Utah County Attorney’s Office shows that no one other than Kirk was in the line of fire during the shooting.
“The only evidence presented supports that the bullets traveled above, not through, the crowd,” Robinson’s lawyers wrote in Tuesday’s filing.
Robinson’s attorneys added that — in searches of communications between the alleged shooter and his roommate and romantic partner, Lance Twiggs — there was “no mention of any threat or intended harm to any other individual(s).”
During previous hearings, prosecutors claimed Kirk had been targeted for his political beliefs, citing messages between Robinson and Twiggs where the defendant allegedly wrote he “had enough of his hatred. Some hate can’t be negotiated out.”
Robinson’s legal team denied that Robinson targeted Kirk for political reasons, arguing that the message refers to general “hatred” as opposed to specific politics.
“These circumstances are not sufficient to establish, even by probable cause which if any political express of Mr. Kirk motivated Mr. Robinson to select Mr. Kirk for an act of violence,” attorneys wrote.
Lawyers for Robinson did not immediately respond to The Hill’s request for comment.
Robinson has yet to enter a plea for the charges. Utah District Judge Tony Graf will hold a hearing on Sept. 1, according to The Associated Press.
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