Prosecutors say they have shown 'aggravating' elements in Tyler Robinson murder case

PROVO — The Utah County Attorney's Office says Tyler Robinson isn't even challenging the evidence that allegedly shows he climbed onto the roof of the Losee Center and shot and killed Charlie Kirk.

"Rather, he merely asserts the repeatedly rejected claim that the overwhelming evidence establishing some of these facts could not be introduced as reliable hearsay at this preliminary hearing. (He) therefore raises no valid challenge to the evidence supporting count one as at least murder," nor does he challenge the six other charges filed against him, prosecutors stated in their latest court filing.

Robinson, 23, is accused of shooting and killing conservative political activist Kirk on the campus of Utah Valley University on Sept. 10, 2025. Prosecutors have stated that they will seek the death penalty if Robinson is convicted.

In July, a weeklong preliminary hearing was held in 4th District Judge Tony Graf's courtroom to determine if there is enough probable cause to bind over Robinson to stand trial on the charges filed against him.

Prosecutors then submitted a memorandum summarizing their arguments on July 28. Robinson's defense team filed their reply last week as to why they believe the state failed to meet its burden of proof to go to trial on all of the charges, including aggravated murder.

Tuesday evening, prosecutors filed their rebuttal.

Robinson's attorneys argued in their court filing that the state failed to prove there were any aggravating factors with Robinson's murder charge, a required element to seek the death penalty.

But prosecutors contend in their latest filing that Robinson's argument "is based on his misrepresentation of both the evidentiary standard at a preliminary hearing and the test for establishing the aggravating circumstance" and that his defense team ignores "case law and have therefore violated their ethical duty of candor to the court."

"Reasonable inference," the state argues, is admissible at trial and is not the same as "speculation."

"This is a preliminary hearing where this court does not sit as a fact finder. Instead, this court is duty-bound to draw all reasonable inferences in the state's favor. It is therefore even more apparent that in this proceeding there is nothing speculative about viewing all reasonable inferences in the state's favor," according to the state's rebuttal. Prosecutors further contend that "all the inferences the state has identified are grounded in the evidence. They are not speculative, and they support bind-over on all counts."

Utah law states that if a defendant "knowingly created a great risk of death to another individual" other than the victim who was killed, it can be used as an aggravating factor. Robinson's defense team argues that the state failed to show there was a "high probability" that Robinson put the thousands of people gathered at the Turning Point USA rally where Kirk was speaking at risk of death, and not just a "possibility" of that happening.

But prosecutors countered in their latest court filing that, again, one could reasonably infer that Robinson put others at the rally at UVU at great risk.

"The evidence here easily establishes at least probable cause to believe that (Robinson) did so when he intentionally fired his grandfather's high-powered rifle towards a crowd of thousands, several of whom were in the line of fire between him and Mr. Kirk, while others were in close proximity to Mr. Kirk. Indeed, the evidence is more than sufficient to support a finding beyond a reasonable doubt," the rebuttal states.

Defense attorneys also argued that because the alleged gunman ran across the roof of the Losee Building, got on his stomach and fired a shot all within a minute, he did not have time to observe children in the crowd. Committing a violent offense in the presence of a child is used as a potential penalty enhancement on his aggravated murder charge.

The state says that argument does not help Robinson.

"It only highlights and increases the likelihood that he would miss his intended target. The speed with which (Robinson) had to act, coupled with evidence showing that he had to reassemble his rifle, that he loaded four cartridges in his rifle, and that in his earlier target practice he sometimes missed the target entirely, all supports the reasonable inference that (he) knew he could miss. That inference supports a reasonable belief that he knowingly created a great risk of death to both those in his line of fire and others near Mr. Kirk," prosecutors state in their filing. "Common sense also dictates that firing a gun, especially a high-powered rifle, towards others puts them at great risk of death."

Prosecutors further note that evidence collected from Robinson's southern Utah home, where he allegedly set up targets to practice prior to shooting Kirk, "show that he seldom hit the bullseye and sometimes missed the target altogether."

Defense attorney also argued that the state had not proven the elements required for a "victim targeting" penalty enhancement.

During the preliminary hearing, prosecutors presented as evidence a text conversation between Robinson and his roommate and lover, Lance Twiggs, in which Robinson told him, "I had enough of his hatred. Some hate can't be negotiated out." The defense, however, contends that using the word "hatred" is not enough for a victim targeting enhancement and that prosecutors are only speculating on the reasons why Kirk was shot based on Robinson and Twiggs' relationship.

But prosecutors counter that the reason Kirk hosted his Turning Point USA rallies was for "promoting and debating political issues, and that his events on college campuses were intended to further political ends."

The state contends that all of the evidence presented at the preliminary hearing "establishes a strong inference that (Robinson) targeted Mr. Kirk because of (his) perception of Mr. Kirk's political expression," the court filing states. "Most importantly, (Robinson) ignores that he engraved one of the cartridges in his grandfather's rifle with the overt political reference 'Hey fascist, catch.' That alone is sufficient to establish a reasonable belief that (Robinson) targeted Mr. Kirk because of his perception of Mr. Kirk's political expression."

Now that written final arguments have been submitted to the court, prosecutors and the defense team will return to Graf's courtroom on Sept. 1, where each side will have two hours to present their closing arguments to the judge. After that, Graf will decide whether Robinson should stand trial on the charges filed against him.

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