Defense lawyers for Tyler Robinson argue their client should not be eligible for the death penalty in Utah because conservative activist Charlie Kirk was his only “intended target” in the fatal shooting last year.
Robinson’s attorneys made the argument in court documents filed late Tuesday as they have tried to block the high-profile murder case from proceeding to trial.
The defense says Robinson did not endanger anyone else in the shooting at Utah Valley University last September. If state prosecutors can prove he targeted others, they have a better case for the death penalty.
In Utah, attempting to kill individuals other than the intended victim is considered a statutory aggravating factor that could make the killer eligible for the death penalty.
Robinson’s lawyers previously tried to get the death penalty off the table after the judge held prosecutors in contempt of court for publicly discussing the case before a possible trial, but the defense’s motion was unsuccessful.
Prosecutors alleged Robinson targeted Kirk over his political and religious beliefs, saying the 23-year-old man’s lifestyle related to gender and sexuality “stood in sharp contrast” to the late Turning Point USA cofounder’s conservative views. The defendant’s lawyers disputed that argument, asserting the evidence doesn’t prove Robinson’s motivation was connected to Kirk’s political or religious beliefs.
Last month, the prosecution presented DNA tests of the suspected murder weapon as evidence against Robinson. The defense did not mention the DNA tests in its latest court filing. Prosecutors have until Aug. 18 to respond to the defense lawyers’ argument.
Robinson faces multiple murder charges in connection with Kirk’s assassination on Sept. 10. He has not entered a plea yet.
PROSECUTORS ALLEGE TYLER ROBINSON TARGETED CHARLIE KIRK OVER HIS RELIGIOUS AND POLITICAL VIEWS
The next hearing in the case is scheduled for Sept. 1. The judge will then decide whether the case can go to trial.
Lawyers representing Kirk’s family have asked the judge to make his decision on the same day as the hearing next month, so the case can move forward.