The prosecution is making a final push for the death penalty, asking a Utah judge to send Tyler Robinson to trial on all seven charges in the assassination of Charlie Kirk, while accusing Robinson’s attorneys of misrepresenting evidence and violating their ethical duty of candor to the court.
In a 19-page filing Tuesday, prosecutors sharply rejected the defense’s arguments that the evidence is insufficient to support the charges or the aggravating circumstance that could make Robinson eligible for the death penalty.
The state specifically accused Robinson’s lawyers of relying on a Utah Court of Appeals decision that the Utah Supreme Court later rejected, while failing to inform the judge of the subsequent ruling. “Defendant’s counsel ignore this controlling caselaw and have therefore violated their ethical duty of candor to the court,” prosecutors wrote.
The dispute centers in part on the legal standard governing Robinson’s preliminary hearing. His attorneys argued that prosecutors were asking the judge to speculate when choosing between competing interpretations of the evidence. Prosecutors countered that the Utah Supreme Court has explicitly rejected that reasoning, holding that choosing between reasonable inferences is a normal part of determining guilt.
Prosecutors also argued that the evidence overwhelmingly supports the charges, saying Robinson does not dispute the substance of evidence showing that he allegedly crawled to the Losee Building rooftop, fired the fatal shot, hid the rifle, discarded clothing, and instructed his roommate to delete incriminating text messages.
The state’s filing also added to its argument that Robinson knowingly placed other people in danger when he allegedly shot at Kirk from the rooftop. Prosecutors allege Robinson had previously taken practice shots with the suspected murder weapon and “seldom hit the bullseye and sometimes missed the target completely.” The state argues that his poor accuracy demonstrated he knew firing toward Kirk from a rooftop, with thousands of people gathered below and around him, created a substantial risk that someone other than Kirk could be killed.
🔎Accused Charlie Kirk assassin Tyler Robinson allegedly “seldom hit the bullseye and sometimes missed the target completely” when taking practice shots with the suspected murder weapon, according to Utah prosecutors, who are trying to show that Robinson allegedly knew shooting… https://t.co/S3D3NbwT92 pic.twitter.com/2ENUhKyRB5
— Michael Ruiz (@mikerreports) August 19, 2026
That allegation is particularly significant because prosecutors must establish the aggravating circumstance that Robinson knowingly created a great risk of death to others for him to potentially face the death penalty upon conviction.
Robinson, 23, is accused of killing Kirk, 31, at Utah Valley University on September 10, 2025. He has not entered a plea. Judge Tony Graf is expected to decide at a September 1 hearing whether prosecutors have established sufficient probable cause to send Robinson to trial.
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