Lawyers for Tyler Robinson, the man charged with fatally shooting conservative activist Charlie Kirk, have filed court papers arguing that prosecutors have failed to justify the aggravated murder charge that could carry the death penalty. The 41-page brief, filed on Tuesday, claims prosecutors did not prove Robinson knowingly created a risk of death to anyone besides Kirk, meaning the aggravating factor underpinning a potential capital sentence should be struck out. The filing matters because, if successful, it would remove the possibility of execution from the case entirely, significantly altering the stakes of Robinson's forthcoming trial.

Robinson, 23, has been charged with aggravated murder over the shooting of Kirk, 31, at a Turning Point USA event at Utah Valley University on 10 September 2025, and has not yet entered a plea. His defence team says prosecutors have had "over ten months" to establish the aggravation factor but "overwhelmingly failed" to do so at a weeklong preliminary hearing in July, noting Kirk was the only person struck by the single shot fired from a rooftop. Prosecutors maintain the shooting endangered others nearby and have separately filed a victim-targeting enhancement, alleging Robinson targeted Kirk over his political stance on issues including gay marriage and transgender rights; Robinson was reportedly in a relationship with a transgender partner.