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Judge to decide if Tyler Robinson will stand trial in Charlie Kirk’s killing

PROVO, Utah (AP) — A Utah judge will decide Tuesday if there's enough evidence to put the man accused of killing Charlie Kirk on trial for aggravated murder, which would make him eligible for the death penalty.

A Utah judge will determine on Tuesday whether there is sufficient evidence to charge Tyler Robinson with aggravated murder for the killing of conservative activist Charlie Kirk. The hearing, held in state court, follows prosecutors' presentation of what they claim is "overwhelming" evidence linking the 23-year-old defendant to Kirk's death during a September shooting at Utah Valley University.

Robinson turned himself in a day after the incident. His legal team has not yet entered a plea, focusing instead on preventing the trial from proceeding and aiming to exclude the death penalty from consideration. District Judge Tony Graf has the discretion to either proceed with a trial on a lesser charge of murder, which carries a minimum sentence of 15 years and up to life in prison, or dismiss the charges, allowing prosecutors to refile them in the future.

A crucial element in seeking an aggravated murder charge is establishing whether the shooting posed a threat to others. During the closing arguments on Tuesday, defense attorneys will present their final case, concluding a lengthy preliminary hearing. The decision is expected to be made directly from the bench. Kirk's family, including his widow Erika Kirk and parents Robert and Kathryn Kirk, are scheduled to return to the Provo courtroom after their July appearances.

Arguments will revolve around the sufficiency of evidence presented by Utah County prosecutors to support the more serious charge of aggravated murder. Defense attorneys contend that the shooter "hit the intended target" without endangering others, while prosecutors argue that multiple individuals were within a "zone of danger" when Kirk was shot from a rooftop more than 400 feet away.

The engraved bullet found in the suspected murder weapon, with the inscription "Hey Facist! CATCH!," is cited as a political reference by prosecutors. Additionally, a handwritten note allegedly left by Robinson for his romantic partner and a text message expressing his desire to "take out Charlie Kirk" are presented as evidence of his political motivation.

Robinson's lawyers dispute the strength of the evidence linking him to the crime, arguing that DNA tests linking him to the murder weapon and a tool used to engrave the bullet are unreliable. Robinson's romantic partner, Lance Twiggs, reportedly told investigators that Robinson expressed regret about the shooting the day after it occurred, but defended his innocence, stating he never heard Robinson mention Kirk before the incident.

Written by urgent.news from CityNews's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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