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Defense in Charlie Kirk’s killing say shooter hit the ‘intended target,’ did not endanger others

Defense lawyers say prosecutors failed to prove the aggravating factor needed to seek death, citing a 41-page brief and only one shot fired.

  • In a new court filing made public Tuesday, lawyers for accused assassin Tyler Robinson argued prosecutors failed to establish probable cause for the sole aggravating factor that would permit seeking the death penalty.
  • At issue is whether Robinson created a 'high probability' of death to others when he allegedly fired a single shot into a crowd of about 3,000 at Utah Valley University on September 10.
  • Defense attorneys Kathy Nester, Michael Burt, Richard Novak, and Staci Visser cite the lack of other injuries to negate the aggravator, while prosecutors point to DNA evidence and surveillance video as proof of Robinson's presence.
  • State District Judge Tony Graf scheduled the preliminary hearing to resume on September 1, when both sides will present final arguments before the judge decides whether probable cause exists for trial.
  • If the court strikes the sole aggravating factor, the death penalty would be removed from consideration, as defense counsel asserts 'the facts and the law require this Court to strike the sole aggravating factor.
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Fox 13 now broke the news in Salt Lake City, United States on Wednesday, August 12, 2026.
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