A preliminary hearing for the man charged in the killing of conservative activist Charlie Kirk is scheduled to resume Wednesday afternoon, with defense attorneys continuing to challenge the DNA evidence prosecutors say connects the defendant to the weapon believed to have been used in the shooting.
Prosecutors are working to persuade state District Judge Tony Graf that sufficient evidence exists to bring Tyler Robinson to trial on an aggravated murder charge. Once the hearing wraps up, Graf will decide whether the case moves forward — something legal experts say is the likely outcome.
Robinson, 23, faces an aggravated murder charge in the September 10 shooting death of Kirk on the Utah Valley University campus. Prosecutors are pursuing the death penalty in the case. Robinson has not yet entered a plea, and his attorneys have made no statements regarding his guilt or innocence, though they have attempted — without success so far — to have the death penalty removed as a possible punishment.
During the hearing, defense attorney Richard Novak attempted to prevent prosecutors from introducing a statement outlining the traditional Christian values of Turning Point USA, the organization Kirk founded. “This doesn’t say anything about Mr. Robinson’s state of mind,” Novak said regarding the statement from Turning Point USA board member David Engelhardt. “I don’t think that this court should be deciding — based on the record before it — where, if at all, politics and religion intersect.”
Judge Graf ruled the Turning Point USA statement was relevant and would be “provisionally admitted,” with a final ruling to come at a later point.
FBI analyst Amanda Bakker testified that after Robinson’s roommate submitted a DNA sample for comparison, she was able to rerun her analysis and attribute all of the DNA found to two individuals.
Investigators discovered the suspected murder weapon — a bolt-action rifle with one spent round — wrapped in a towel in a wooded area near where Kirk was shot. Jennifer Faumuina of the State Bureau of Investigation testified that DNA found on the towel matched two people: Robinson’s roommate, Lance Twiggs, and another individual very likely to be Robinson.
Defense attorney Michael Burt cast doubt on the analyst’s findings, stating, “She can’t match Mr. Robinson to the questioned samples.”
Deputy Utah County Attorney Ryan McBride pushed back, arguing that questions about the reliability of the DNA testing are better suited for a full trial. “The point is there are explanations that are susceptible to different interpretations and arguments,” McBride said. “The court is going to determine if it meets the threshold of reliability at trial.”
The weeklong preliminary hearing is expected to continue with defense attorneys pressing further on the DNA evidence.
