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By Hollie Silverman
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Attorneys for Tyler Robinson, the man accused of fatally shooting conservative activist Charlie Kirk at Utah Valley University in September 2025, are arguing that prosecutors failed to establish the key aggravating factor needed to pursue the death penalty.
In a 41-page filing submitted Tuesday, Robinson's lawyers asked Fourth District Judge Tony Graf Jr. to dismiss the aggravated murder allegation and strike the sole aggravating factor in the case.
The defense contends prosecutors did not show that Robinson knowingly created a "great risk of death" to anyone other than Kirk when the shooting occurred, according to reporting from local news outlet KSL.
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Newsweek reached out to the Utah County Attorney's Office and Judge Graf by email Wednesday for comment.
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Defense Points to ‘Two Fatal Flaws’
A central argument in the filing focuses on the prosecution's assertion that multiple people were in the shooter's "line of fire" when Kirk was killed.
"The State broadly argues that certain individuals were in the shooter's 'line of fire,'" the defense wrote. "There are two fatal flaws in the State's argument. One is factual, and the other is legal."
According to the filing, the factual flaw is that prosecutors failed to identify anyone who was actually in the bullet's path.
Robinson's attorneys argue that video shown during July's preliminary hearing demonstrated that the person questioning Kirk immediately before the shooting was not in the line of fire, while no one was positioned directly behind the pop-up tent where Kirk was seated.
They further contend that because Kirk was sitting on an elevated platform and was struck in the neck, the bullet traveled above the crowd rather than through it.
The legal flaw, the defense argues, is prosecutors' reliance on the possibility that someone else could have been harmed.
Under Utah law, they say, the state must establish a "high probability" that others faced death and that the defendant was aware of that risk, not merely that injury to bystanders was conceivable.
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Death Penalty Eligibility at Stake
The dispute centers on whether Robinson's case qualifies as aggravated murder, the only type of homicide charge in Utah that can carry the death penalty.
Prosecutors have alleged that Robinson knowingly created a great risk of death to others when a single rifle shot struck Kirk during a Turning Point USA event attended by thousands of people.
That allegation serves as the aggravating circumstance underpinning their pursuit of capital punishment.
Robinson's legal team says prosecutors "wholly fail[ed] to carry" their burden during the preliminary hearing, arguing that the evidence presented does not establish probable cause that the shooter knowingly endangered anyone besides Kirk.
If Judge Graf agrees and removes the aggravating factor, Robinson would no longer be eligible for the death penalty if convicted.
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Defense Also Challenges Political-Motivation Claims
The filing also disputes prosecutors' allegation that Robinson targeted Kirk because of his political views, a claim that could result in additional sentencing enhancements.
According to court filings, prosecutors have pointed to statements Robinson allegedly made to his roommate after the shooting, including that he had "had enough of his hatred."
Defense attorneys argue that extensive searches of Robinson's apartment, phone and computers produced no additional evidence demonstrating a political motive.
What Comes Next in the Tyler Robinson Trial
The Utah County Attorney's Office has until August 18 to respond to the defense filing. Judge Graf is expected to decide on September 1 whether there is sufficient probable cause to bind Robinson over for trial and whether prosecutors can continue pursuing the death penalty.
Contact Newsweek editors on this story: Gabe Whisnant and Gray R. Thomas
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