Tyler Robinson wants to dodge the death penalty because his bullet only “hit the intended target” when it killed conservative activist Charlie Kirk, his lawyers wildly argued in new court documents.
Robinson’s attorneys claimed that no other person was in danger during Kirk’s Turning Point USA event at Utah Valley University last year — an aggravating factor that would make it a capital crime.
“The only evidence presented supports that the bullet traveled above, not through, the crowd,” defense attorneys wrote in documents late Tuesday to stop the case from proceeding to trial.
Prosecutors maintained that Robinson loaded his rifle with four bullets, suggesting that he knew he could miss Kirk and “thereby putting others in danger,” according to documents filed last month.
The defense, however, argued that “it is just as likely that the shooter did not believe he would miss.”
Whether Robinson put the crowd of spectators at the Turning Point USA event remains a key element needed to charge him with aggravated murder.
Prosecutors have to provide evidence of the so-called “aggravating factor” for Kirk’s death to be considered a capital crime in Utah, where the death penalty exists.
Robinson’s lawyers claim prosecutors have yet to provide any evidence that Robinson knew that his actions would create a “great risk of death” to anyone other than Kirk.
Robinson also faces possible sentence enhancements if prosecutors can prove he targeted Kirk over his political views.
The prosecution alleges that Robinson told his roommate, Lance Twiggs, that he killed Kirk because he “had enough of his hatred.”
The prosecutors contend that Kirk’s strong opposition to same-sex marriage and gender transitioning stood in contrast to Robinson, who was in a relationship with Twiggs.
Closing arguments in the preliminary hearing are set for Sept. 1, where State District Judge Tony Graf will decide if the case goes to trial and on what charges.
With Post wires
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