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Defense Seeks to Remove Death Penalty in Charlie Kirk Assassination Case

Published 12 August 2026

Lawyers for Tyler Robinson, the man charged with assassinating conservative activist Charlie Kirk, are arguing in a new court filing that prosecutors have not established the necessary legal grounds for the death penalty to remain a potential sentence. In a 41-page brief submitted Tuesday, the defense team contends that the state failed to prove the sole aggravating factor required for capital punishment: that Robinson knowingly created a high probability of death to someone other than Kirk when he fired a single shot from a rooftop during a public event.

The shooting occurred on September 10, 2025, at Utah Valley University, where Kirk was addressing a crowd of more than 2,000 people during a Turning Point USA event. Prosecutors allege Robinson, 23, shot the 31-year-old Kirk in the neck from a distant rooftop, killing him. The defense brief argues that the evidence shows the bullet traveled above the crowd and that no one else was endangered or struck. "The only evidence presented supports that the bullet travelled above, not through, the crowd," the attorneys wrote. They also note that when the suspected murder weapon, a .3006 bolt-action rifle, was recovered, it contained a...

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