Lawyers for the man charged with killing conservative activist Charlie Kirk say he shouldn't be eligible for the death penalty because the shooter "hit the intended target” during the assassination last year at a Utah event attended by thousands of people.
Defendant Tyler Robinson's attorneys say prosecutors have not proven that others who attended Kirk's event at Utah Valley University on Sept. 10 were endangered by the shooting — a potentially aggravating
factor under state law that would make it a capital crime.
The defense lawyers also disputed claims that Robinson targeted Kirk over his political views. Prosecutors alleged that Robinson told his roommate that he killed the activist because he “had enough of his hatred." But the defense said that was not enough to prove what could have motivated Robinson, after searches of his apartment, computers and telephone failed to produce anything beyond that one statement.
The arguments were contained in documents filed late Tuesday as the defense tries to block the case from proceeding to trial.
Prosecutors last month presented what they call “overwhelming” evidence against Robinson, including DNA tests that tie him to the suspected murder weapon and apparent confessions by the defendant.
His defense attorneys during that hearing questioned the reliability of the prosecution's evidence, but they didn't offer any alternative theories for Kirk's assassination. The defense made no mention of DNA in Tuesday's filing.
Robinson has not yet entered a plea in the case. He turned himself in a day after Kirk was killed.
Closing arguments in the preliminary hearing are scheduled for Sept. 1. Judge Tony Graf will then decide if the case can proceed to trial and on what charges.
