PROVO, Utah — A Utah judge is hearing more evidence Tuesday in the preliminary hearing against the man accused of assassinating conservative activist Charlie Kirk, with prosecutors set to introduce additional law enforcement video and a recorded statement from the defendant’s roommate.
The weeklong proceeding, now in its second day, has not produced dramatic new revelations but represents the most substantial presentation of evidence yet against defendant Tyler Robinson, 23. Robinson faces an aggravated murder charge in connection with the killing of Kirk, a close ally of President Donald Trump.
A former Utah Valley University officer, Christopher Bagley, testified Monday that he was present and witnessed the shooting while Kirk was addressing a crowd of thousands on campus on September 10. After the shooting, Bagley said he went to a nearby gravel rooftop where it appeared someone had been lying flat with a direct line of sight to where Kirk had been standing.
“It looks like a sniper pad,” Bagley told the court.
Robinson has not yet entered a formal plea, and his legal team has not addressed his guilt or innocence publicly. His attorneys have, however, attempted without success to remove the death penalty as a possible punishment.
Based on an exhibit list prosecutors filed earlier this year, Tuesday’s session is expected to include video from the Washington County sheriff’s office recorded on September 11 — the day Robinson turned himself in — along with the roommate’s recorded testimony.
According to prosecutors, Robinson left a note for his roommate, who was also his romantic partner, that stated: “I had the opportunity to take out Charlie Kirk and I’m going to take it.” Prosecutors have also said Robinson texted his roommate that he targeted Kirk because he “had enough of his hatred.”
Prosecutors have indicated they also intend to present DNA evidence tying Robinson to the suspected murder weapon, autopsy results, witness accounts, and video footage of the killing itself. They are further expected to argue that the shooting put others at the campus event at risk — an aggravating factor that could make the offense eligible for the death penalty under Utah law.
Monday was the first time Kirk’s parents, Kathryn and Robert, and his widow, Erika, had been in the courtroom since proceedings began. Robinson’s parents were also present, seated a few rows behind the Kirk family. Robinson sat quietly between his attorneys, watching evidence on a monitor and occasionally writing notes. His wrists were secured with shackles connected to a chain around his waist.
Prosecutors played several graphic videos of the shooting, including footage of the moment Kirk was shot and of security personnel providing first aid, as they presented their case to state District Judge Tony Graf. Kirk’s family briefly stepped out of the courtroom on two occasions — when the officer began testifying about Kirk’s arrival on campus, and again when the shooting videos were introduced. Both times, they returned.
While the proceeding resembles a trial, prosecutors only need to demonstrate reasonable grounds to believe Robinson killed Kirk and that the case should proceed to trial. That standard is considerably lower than the “beyond a reasonable doubt” threshold required at an actual trial.
Mark Kouris, a former prosecutor and state judge in Salt Lake City, said prosecutors should have little difficulty clearing that bar. “This standard is extremely low and the chances of them not getting through it are, quite frankly, almost nothing,” said Kouris, who now serves as an adjunct professor at the University of Utah’s S.J. Quinney College of Law.
Defense attorney Kathryn Nester raised repeated objections to evidence presented by prosecutors, though the judge overruled most of them. During her cross-examination of Bagley, she questioned him about an empty pistol holster found on the ground after the crowd dispersed. Bagley acknowledged he never took possession of the holster and was unsure whether it had been fingerprinted. Utah allows residents to openly carry or conceal firearms without a permit.
Judge Graf sided with the defense on one matter, blocking prosecutors from introducing a compilation of surveillance videos from Utah Valley University because some had been digitally altered — zoomed in or marked with circles around certain individuals. Prosecutors indicated they would attempt again Tuesday to introduce the footage with those alterations removed.
Before his death, Kirk and the organization he co-founded, Turning Point USA, played a significant role in energizing conservative young voters during the election that gave Trump a second term. The Republican president has publicly stated he hopes Robinson receives the death penalty.
Erika Kirk said at her husband’s memorial service that she forgives Robinson. Before Monday’s hearing, she released a statement thanking supporters for their kindness and prayers. “Every court proceeding serves as a painful reminder of his death,” she wrote, “and the loss that has irrevocably impacted our lives and the lives of his children.”
