\n
![\"Anthem](\"https:\/\/www.newsbeep.com\/us-ny\/wp-content\/uploads\/2026\/08\/0d4c1095bbda40f99e714981a6878504_BTS_8_12_26.jpg.webp\")
<\/p>\nAnthem Blue Cross and Blue Shield associates celebrate with New York students as they return to school.<\/p>\n
<\/a><\/p>\n
The man charged with killing Charlie Kirk shouldn\u2019t get the death penalty because the shooter \u201chit the intended target\u201d and no one else was endangered when the conservative activist was shot from a rooftop at an event in Utah last year, his lawyers said.<\/p>\n
Defendant Tyler Robinson’s attorneys say the bullet traveled above the crowd of several thousand people at Utah Valley University on Sept. 10 and \u201cthere were no threats to others.\u201d Whether the shooting endangered the crowd is a key issue: Prosecutors cited the risk that other people could have been harmed as an aggravating factor under state law that makes Kirk’s killing a capital crime.<\/p>\n
\u201cThe only evidence presented supports that the bullet traveled above, not through, the crowd,\u201d defense attorneys wrote in documents filed late Tuesday as the defense tries to block the case from proceeding to trial.<\/p>\n
Prosecutors have said numerous people were within a \u201czone of danger\u201d around Kirk, where a stray or ricocheting bullet could have hurt anyone close to the victim.<\/p>\n
The defense lawyers also disputed claims that Robinson targeted Kirk over his political views. Prosecutors allege Robinson told his roommate that he killed the activist because he \u201chad enough of his hatred.\u201d But the defense said that was not enough to prove what motivated Robinson, after searches of his apartment, computers and telephone failed to produce anything beyond that one statement.<\/p>\n
Prosecutors last month during a weeklong hearing presented what they call \u201coverwhelming\u201d evidence against Robinson, including DNA tests that tie him to the suspected murder weapon and apparent confessions by the defendant.<\/p>\n
His attorneys questioned the reliability of the DNA tests and other evidence. They didn’t offer any alternative theories for Kirk’s assassination, and made no mention of DNA in Tuesday’s filing.<\/p>\n
Robinson is charged with aggravated murder and has not yet entered a plea. He turned himself in a day after Kirk was killed.<\/p>\n
His defense attorneys previously tried to get the death penalty taken off the table after prosecutors were found to be in contempt of court for talking about the case to the media. State District Judge Tony Graf rejected that request.<\/p>\n
In documents filed last month, prosecutors said the fact that Robinson loaded his rifle with four bullets showed that he knew he could miss Kirk, \u201cthereby putting others in danger.\u201d<\/p>\n
But defense attorneys said \u201cit is just as likely that the shooter did not believe he would miss.\u201d<\/p>\n
Robinson faces possible sentence enhancements if prosecutors can prove he targeted Kirk because of his politics. They contend that Kirk\u2019s strong opposition to same-sex marriage and gender transitioning stood in contrast to Robinson, who was in a romantic relationship with a roommate, Lance Twiggs. Twiggs told investigators that he had been considering transitioning around the time that Kirk was killed, according to prosecutors.<\/p>\n
Twiggs also told investigators that Robinson sometimes talked about politics, including President Donald Trump. Yet Twiggs said he never heard Robinson talk about Kirk before the shooting. The defendant also did not talk much about gender issues or LGBTQ+ rights, Twiggs said. The AP emailed Twiggs\u2019 attorney seeking comment.<\/p>\n
Closing arguments in the preliminary hearing are scheduled for Sept. 1. Graf will then decide if the case can go to trial and on what charges. Lawyers for Kirk\u2019s family have asked Graf to make his decision by or on Sept. 1 so the case can proceed.<\/p>\n
Prosecutors have until Aug. 18 to respond to the latest defense arguments. The Associated Press left telephone and email messages with the Utah County Attorney\u2019s Office seeking comment.<\/p>\n
Preliminary hearings typically don\u2019t last so long. Legal experts said the slow pace reflects a cautious approach by Graf, the large volume of evidence and a desire by prosecutors to disprove conspiracy theories around the case.<\/p>\n
FILE – Tyler Robinson, who is accused of fatally shooting Charlie Kirk, appears during a hearing in Fourth District Court in Provo, Utah, on Dec. 11, 2025. (Rick Egan\/The Salt Lake Tribune via AP, Pool, File)<\/p>\n <\/a><\/p>\n
\n <\/p>\n