Utah prosecutors filed a 19-page response urging a judge to send Tyler Robinson to trial on all counts in the fatal shooting of Charlie Kirk and opposing the defense's effort to remove the only aggravating factor that could expose Robinson to the death penalty. The state argues evidence shows Robinson fired a high-powered rifle from a rooftop toward a crowd, placing bystanders in a "zone of danger," and presented testimony linking him to the fatal shot, concealment of the rifle, and deleted texts. Prosecutors also say a cartridge engraved "Hey fascist, catch" suggests Kirk was targeted for his political speech. A Sept. 1 hearing will determine whether the case proceeds to trial.
Utah Prosecutors Push To Try Tyler Robinson On All Counts, Fight To Keep Death Penalty Option In Charlie Kirk Killing
Tyler Robinson, the man accused of killing conservative activist Charlie Kirk, at his first in-person court appearance Dec. 11, 2025.
Utah prosecutors asked a judge Tuesday to send Tyler Robinson to trial on every charge related to the killing of conservative activist Charlie Kirk, arguing the evidence is overwhelming and urging the court not to remove the sole aggravating factor that could expose Robinson to the death penalty.
Prosecutors' Filing Details
In a 19-page filing, state attorneys responded to a defense brief asking Judge Tony Graf to dismiss the aggravating circumstance tied to whether the shooting created a great risk of death to others besides Kirk. Prosecutors say the record shows Robinson allegedly fired his grandfather's high-powered rifle from a rooftop toward a crowd of thousands, placing people near Kirk in a "zone of danger."
Tyler Robinson, accused in the fatal shooting of Charlie Kirk, listens during a preliminary hearing at Fourth District Court July 8, 2026, in Provo, Utah.
"The evidence here easily establishes at least probable cause," prosecutors wrote, adding the proof is "more than sufficient to support a finding beyond a reasonable doubt."
Key Contentions
Prosecutors rejected the defense's claim that the projectile passed harmlessly over the crowd, arguing witnesses and forensic evidence place bystanders within the area of risk when the weapon was discharged. They also challenged the defense's attack on evidence admitted at Robinson's preliminary hearing, noting the defendant did not dispute testimony and exhibits that he allegedly crawled to a sniper perch on the Losee Building rooftop, fired the fatal shot that killed Charlie Kirk, concealed the rifle in a wooded area, discarded clothing, and told his roommate to delete text messages about the shooting.
State lawyers further accused Robinson's attorneys of relying on case law later rejected by the Utah Supreme Court without informing the judge of those intervening decisions, calling that omission a violation of counsel's duty of candor to the court. The filing also defends a witness-tampering charge related to the defendant's roommate and an allegation that Robinson committed a violent offense in the presence of a child.
Charlie Kirk throws hats to the crowd after arriving at Utah Valley University in Orem, Utah, Sept. 10, 2025. Kirk, founder of Turning Point USA, was speaking at his "American Comeback Tour" when he was shot in the neck and killed.
Possible Motive And Next Steps
Prosecutors pointed to evidence they say suggests Kirk was targeted because of his political speech, citing a cartridge reportedly engraved with the words "Hey fascist, catch." Robinson, 23, is accused of fatally shooting Kirk, 31, while Kirk spoke at an "American Comeback Tour" event at Utah Valley University on Sept. 10, 2025. Robinson has not entered a plea.
Judge Graf is expected to decide at a Sept. 1 hearing whether prosecutors have shown sufficient probable cause to send the case to trial. The outcome of that hearing will determine whether the aggravating factor tied to risk to others remains in play and whether the death penalty remains a possible sentence.
Reporting note: Fox News reporter Lee Ross contributed to the original coverage referenced in this story.
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