"A Mountain of Evidence": Charlie Kirk's killer to be charged with aggravated murder

The trial of Tyler Robinson, the young man from Utah accused of murdering conservative activist Charlie Kirk, will proceed - and Robinson could face the death penalty if convicted - it was reported this morning (Wednesday) by the AP news agency.

Judge Tony Graff accepted the prosecution's position on Tuesday, arguing that they have a "mountain of evidence" linking Robinson to the fatal shooting of Kirk, who was shot to death last September while speaking to thousands of people at Utah Valley University.

Following the judge's decision, Robinson, 23, pleaded not guilty to all charges against him, including aggravated murder. He turned himself in to the police the day after the shooting, and since then his lawyers have not presented an alternative theory regarding Kirk's death.

The defense requested to prevent Robinson from standing trial, or at the very least to remove the possibility of the death penalty. His lawyers argued that the prosecution did not prove that the shooting of Kirk endangered other people in his vicinity to a degree that justifies defining the offense as aggravated murder. According to Utah law, this is a circumstance that allows for the imposition of the death penalty.

Kirk's family welcomed the judge's decision and called it "an important step in our family's fight for justice. Every step in this process carries the weight of everything that Charlie's murder took from his family, especially from his children who will grow up without their father," the family stated.

Prosecution: "Great risk of death to others"

The prosecution claims that Robinson shot Kirk from a roof, from a distance of more than 122 meters, knowing that the bullet could miss the target and hit other people who were at the event.

"Tyler James Robinson shot Charlie Kirk and killed him because he did not agree with him, and he did so by firing a high-powered rifle into a crowd of more than 3,000 people, which created a great risk of death that any person would understand," said Ryan McBride, a prosecutor in the Utah County Attorney's Office.

The judge could have ordered Robinson to stand trial on a lower-degree murder charge, which carries a sentence ranging from 15 years to life in prison. However, Graff determined that there is justification for the more serious charge, partly due to the location of several people inside a tent and in its vicinity at the time Kirk was shot.

The hearing on Tuesday took place under heavy security at the courthouse. It was held after the prosecution presented evidence against Robinson for five days in July, including DNA findings and a handwritten note that they claim the defendant left for his partner.

In the note, according to the prosecution, it was written: "I had the opportunity to take out Charlie Kirk, and I took it."

Kirk's parents, Robert and Katherine Kirk, entered the courthouse in Provo holding each other's arms. They were joined by Kirk's widow, Erika Kirk.

During the hearing, the family left the courtroom briefly while the prosecutor described the shooting. When the judge read his decision, Erika Kirk and her mother-in-law hugged for a long time.

Outside the courthouse, several dozen local residents who are members of the "Turning Point USA" organization, which Kirk founded, gathered. They waited for the family members, expressed their support for them, and watched them leave the scene. Robinson himself did not react noticeably to the decision, and his face remained expressionless.

Defense: "There is one victim"

Robinson's lawyer, Stacey Visser, argued that the prosecution is trying to "force" the case into the section of the law dealing with aggravated murder. According to her, previous legal precedents require the prosecution to prove that there was a high probability that other people would be killed - and not just a possibility of it.

Kirk was sitting on a raised stage and was not in immediate proximity to other people when he was shot once in the neck. "There is one shot. There is one bullet. There is one victim," Visser said. "There is no evidence that any action was taken against other people."

Prosecutor Chad Grunander replied that the rifle allegedly used for the murder was loaded with additional bullets that were not fired. According to him, Robinson "arrived ready to shoot again." In July, the prosecution also presented DNA tests that they claim link Robinson to the rifle and the tool he allegedly used to carve inscriptions on the bullet casings. Robinson's lawyers questioned the reliability of the DNA tests.

Prosecution: The motive was political

Robinson may also face an aggravated sentence if the prosecution succeeds in proving that he chose Kirk as a target because of his political positions.

Before his death, Kirk and the Turning Point USA organization that operated under his leadership helped mobilize young conservatives and increase their support for President Donald Trump ahead of his second term.

The prosecution claims that a bullet found in the rifle with the inscription "Hey Facist! CATCH!" carved on it indicates that Kirk was chosen as a target because of how Robinson perceived his political positions.

The prosecutors also claim that Robinson wrote in a text message regarding Kirk: "I'm tired of his hate. There is hate that you can't make go away." Robinson's lawyers argue in response that the prosecution does not have sufficient evidence to prove a political motive.