Kirk family faces accused assassin in Utah court for preliminary hearing
Fox News correspondent Matt Finn reports on the preliminary hearing for Tyler Robinson in Provo, Utah, where he faces charges for the assassination of Charlie Kirk. Prosecutors are set to present overwhelming evidence, including video testimony from Robinson's former roommate and text message confessions. Retired FBI supervisory agent James Gagliano weighs in on Kirk family's demand for transparency as cameras are permitted inside the courtroom.
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Accused Charlie Kirk assassin Tyler Robinson allegedly "seldom hit the bullseye and sometimes missed the target completely" when taking practice shots with the suspected murder weapon, according to Utah prosecutors, who opposed the defense team's attempt to have the potential death penalty taken off the table before trial.
They are attempting to illustrate that the defendant knowingly put other people at great risk of death if he took a shot at Kirk from a rooftop, toward a crowd of thousands. Kirk, who was taking questions from the audience at a small stage in the campus courtyard, was struck in the neck.
Robinson's defense, in a previous filing, argued that the fatal gunshot came from above the crowd and did not travel through it. They noted that only one shot was fired, it struck the intended victim, and no bystanders were shot.
ACCUSED CHARLIE KIRK ASSASSIN TYLER ROBINSON ASKS JUDGE TO TAKE POTENTIAL DEATH PENALTY OFF TABLE
An image of shooting targets is displayed during a preliminary hearing for Tyler Robinson, who is accused in the fatal shooting of Charlie Kirk, at the Fourth District Courthouse in Provo, Utah, Thursday, July 9, 2026. (AP Photo/Spenser Heaps, Pool)
In order to seek capital punishment, prosecutors need to prove an aggravating factor at trial — which they have alleged to be that the shooting created a great risk of death to someone other than Kirk and that Robinson knew of that danger.
The defense wants to have the aggravator stricken before trial, which would eliminate the risk of a potential death sentence if he is convicted.
Tyler Robinson, accused in the fatal shooting of Charlie Kirk, appears during a hearing in 4th District Court in Provo on Tuesday, Feb. 3, 2026. (Trent Nelson/The Salt Lake Tribune via Pool)
The allegations came in a reply made public Tuesday, in answer to the defense team's earlier brief. The filings come in the wake of a week-long preliminary hearing in early July aimed at determining whether there is enough probable cause to send the case to trial. Judge Tony Graf Jr. has said he would issue a final decision on Sept. 1.
TYLER ROBINSON HEARING ENDS WITHOUT RULING AS EVIDENCE DISMANTLES CHARLIE KIRK CONSPIRACY CLAIMS
Read the filing:
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Charlie Kirk speaks at Utah Valley University on September 10, 2025, in Orem, Utah. Kirk, founder of Turning Point USA, was speaking at his "American Comeback Tour" when he was shot in the neck and killed. (Trent Nelson/The Salt Lake Tribune/Getty Images)
Prosecutors told Graf that not only should Robinson's case be sent to trial — but also that the defendant's legal team "violated their ethical duty of candor to the Court" by ignoring basic case law in how evidence should be evaluated at the preliminary hearing stage.
When drawing inferences, prosecutors wrote, the magistrate — the jurist overseeing the preliminary — "must" draw all reasonable ones in the state's favor.
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An image of a bullet casing engraved with the word "Catch!" is displayed during a preliminary hearing for Tyler Robinson, who is accused in the fatal shooting of Charlie Kirk, at the Fourth District Courthouse in Provo, Utah, Thursday, July 9, 2026. (AP Photo/Spenser Heaps, Pool)
Simply put, Graf could infer that shooting someone on the other side of a large crowd could put bystanders at risk of being hit, as prosecutors have alleged.
Robinson has not yet entered a plea.
An image of a rifle that prosecutors say was recovered by investigators near Utah Valley University is displayed during a preliminary hearing for Tyler Robinson, who is accused in the fatal shooting of Charlie Kirk, at the Fourth District Courthouse in Provo, Utah, Thursday, July 9, 2026. (AP Photo/Spenser Heaps, Pool)
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He is accused of driving from his home in southern Utah to Orem and fatally shooting Kirk during a Turning Point USA event at Utah Valley University in September 2025, then confessing to several people before surrendering to authorities in his hometown.
