The weeklong preliminary hearing for Tyler Robinson, accused of killing conservative activist Charlie Kirk, is ongoing. Prosecutors aim to establish sufficient evidence for a trial. State District Judge Tony Graf will decide if the case proceeds, a likely outcome according to experts.
Robinson, aged 23, faces charges of aggravated murder for the September 10 assassination of Kirk at Utah Valley University, with prosecutors seeking the death penalty. His attorneys have not commented on the case’s merits. On the first day, a former university officer testified about discovering what appeared to be a ‘sniper pad’ on a rooftop close to where Kirk was shot. Despite frequent objections from defense attorney Kathryn Nester, most were overruled.
A former Utah Valley University officer mentioned finding an empty pistol holster after the crowd dispersed but admitted he did not secure it for fingerprinting. Utah’s laws allow open or concealed gun carrying without a permit. Judge Graf did side with the defense in blocking surveillance video evidence that had been altered by zooming and circling individuals. Prosecutors plan to retry for video admission after removing alterations.
Prosecutors have a low threshold to advance to trial. They must show reasonable grounds to believe Robinson committed the crime, unlike the higher ‘beyond reasonable doubt’ standard at trial. Former prosecutor Mark Kouris, now a University of Utah adjunct professor, noted the standard is ‘extremely low’ and expects minimal difficulty in advancing the case.
Throughout the hearing, Robinson attended quietly, reviewing prosecution exhibits and taking notes. His wrists remained shackled. AP reporter Hannah Shoenbaum observed Robinson’s quiet demeanor and family presence, including Kirk’s relatives, during the proceedings.
The courtroom saw both families present. It marked the first time Kirk’s parents and widow attended since the case started. Prosecutors showed graphic videos related to Kirk’s shooting, prompting brief exits by Kirk’s family during certain testimonies. Each time, they returned.
If the prosecution follows its exhibit list, a video from the Washington County sheriff’s office on the day following Robinson’s surrender will be shown, alongside recorded testimony from Robinson’s roommate. Robinson allegedly confessed his intent in a note to his roommate, mentioning reasons for targeting Kirk.
Prosecutors plan to present DNA evidence, autopsy results, and witness accounts, arguing the shooting endangered others, adding to the potential for a death penalty sentence under Utah law.
The initial hearing session had no groundbreaking revelations but constituted the most substantial evidence display so far against Robinson for Kirk’s murder. Former officer Christopher Bagley testified about witnessing the shooting during Kirk’s speech and discovering a ‘sniper pad’ on a rooftop with a clear view of the scene.

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