A weeklong preliminary hearing for the man accused of killing conservative activist Charlie Kirk is set to get underway on Monday. Prosecutors will aim to show that they have enough evidence against 23-year-old Tyler Robinson to proceed to a trial. The hearing marks the most significant presentation of evidence in the case so far. After the hearing concludes, state District Judge Tony Graf must determine if the case should proceed.
Robinson is charged with aggravated murder in the assassination of Kirk on the Utah Valley University campus last September. Kirk's parents and his widow, Erika Kirk, will attend the hearing, according to a person familiar with the situation who spoke on condition of anonymity because they were not authorized to speak publicly. It is the first time Kirk's family will be in the courtroom with the man accused of killing him.
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Kirk’s widow arrives at the courthouse
Erika Kirk has arrived at the Utah courthouse for the preliminary hearing of the man accused of killing her husband, Charlie Kirk.
Three men escorted her into the building several minutes before the hearing was expected to begin.
Charlie Kirk’s parents, Robert and Kathryn Kirk, arrived separately.
Court hearing in Kirk’s death draws the curious, heavy security
Armed officers with binoculars are on the roof of the courthouse where Tyler Robinson faces a key hearing in the fatal shooting of Charlie Kirk.
More officers are on the ground outside the courthouse. A drone was also flying overhead. Robinson’s defense team arrived at Utah County court with a dolly to move boxes of documents.
The focus of the hearing is whether there’s enough evidence to send Robinson to trial and whether the death penalty will be an option if there’s a conviction.
Shelly Juber, who lives nearby in Orem, got one of the 14 courtroom seats set aside for the public.
“I’m a trial watcher, true-crime enthusiast. … My grandson’s girlfriend was there the day it happened,” she said, referring to Utah Valley University.
A former Utah judge says prosecutors will likely clear the legal bar to pursue a murder case
For Tyler Robinson to be found guilty at trial, prosecutors will have to prove without any reasonable doubt that he killed Kirk. But the criteria for this week’s preliminary hearing are less strict.
Mark Kouris, who was a prosecutor and state judge in Salt Lake City, says there’s a low threshold for prosecutors to show the case against Robinson should proceed to trial.
“Effectively, it’s 51% — there’s a 51% chance they did it,” Kouris, now an adjunct professor at the University of Utah’s S.J. Quinney College of Law, said in an interview. “This standard is extremely low, and the chances of them not getting through it are, quite frankly, almost nothing.”
Kirk’s family says his death ‘irrevocably impacted our lives’
Charlie Kirk’s family thanked supporters for their kindness and prayers ahead of Monday’s preliminary hearing.
“Every court proceeding serves as a painful reminder of his death,” Erika Kirk, his widow, said in a statement posted on X, “and the loss that has irrevocably impacted our lives and the lives of his children.”
She added that the public outpouring “has sustained us during the darkest days of our lives.”
The statement was posted on behalf of Kirk’s parents, Robert and Kathryn, his widow and his sister Mary.
“Out of respect for the judicial process, we will not be commenting further at this time,” the brief statement said.
Kirk’s widow has said she forgives the man accused of killing him
Erika Kirk forgave defendant Tyler Robinson during her husband’s memorial service in September.
“My husband, Charlie, he wanted to save young men, just like the one who took his life,” she said as she struggled to hold back tears.
“I forgive him because it was what Christ did. It is what Charlie would do,” she added.
Her declaration was an outlier among prominent conservatives, including President Donald Trump, who said in September on Fox News that he hopes Robinson gets the death penalty.
Erika Kirk took the helm of Turning Point USA, the conservative youth movement that her husband co-founded, shortly after her husband’s death.
She is expected in court throughout the week with her husband’s parents, Robert and Kathryn Kirk, according to a person familiar with the situation who spoke on condition of anonymity because they were not authorized to speak publicly.
Robinson’s attorneys tried to block the death penalty
State District Judge Tony Graf said recently that prosecutors violated his restrictions on talking outside the courtroom when Deputy Utah County Attorney Christopher Ballard told a media outlet his office had ample evidence to convict Tyler Robinson of killing Charlie Kirk.
Robinson’s lawyers argued the comments were intended to influence potential jurors. As a punishment, they wanted the judge to block prosecutors from seeking the death penalty.
But Graf said that was too severe, and that Ballard's comments weren’t malicious.
The judge said any potential bias issues could be addressed by expanding the jury pool or more closely questioning potential jurors when the case goes to trial.
Will Robinson face the death penalty?
Starting with today’s hearing, the focus of the case shifts to whether there is enough evidence for a trial and whether the death penalty is warranted, said Paul Cassell, a University of Utah law professor and former federal judge.
Cassell said evidence made public to date in court filings suggests prosecutors have “an overwhelming case.”
“This seems like the proverbial slam dunk at this stage of the case, where the only issue is whether there is a sound basis for moving forward with a trial on the merits,” he said.
A death sentence is an option in Utah only when a crime has aggravating circumstances. Prosecutors will argue in Robinson’s case that Kirk’s shooting endangered others in attendance.
What information is publicly known about the case?
Authorities have said DNA consistent with Robinson’s was found on the trigger of the rifle used to kill Kirk, the fired cartridge casing, two unfired cartridges and a towel used to wrap the rifle.
Robinson’s parents had confronted him after authorities released a surveillance photo of the suspect and details about the rifle, authorities have said. His parents convinced him to meet with a family friend, a retired sheriff’s deputy who reportedly helped arrange for Robinson to turn himself in.
Prosecutors have said Robinson left a note for his roommate, who was also his romantic partner, that read: "I had the opportunity to take out Charlie Kirk and I'm going to take it." They also said he wrote to his roommate in a text message about Kirk: "I had enough of his hatred. Some hate can't be negotiated out."
Defense attorneys unsuccessfully sought to block prosecutors from using recorded statements from Robinson's roommate during the hearing. The defense wanted the roommate to testify in person so Robinson could exercise his right to challenge the credibility of witnesses against him. Graf said the time for challenging witnesses would come later.
What to expect during today’s hearing
The proceeding will resemble a mini-trial, with prosecutors planning to offer DNA evidence linking Robinson to the suspected murder weapon, testimony from investigators, autopsy findings, witness statements and video of Kirk’s killing. They are not required to present all their evidence and can use secondhand information or hearsay.
After the hearing concludes, state District Judge Tony Graf must determine if the case should proceed.
Prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk. The standard is lower than for a trial, where prosecutors have to prove guilt “beyond a reasonable doubt.”
Prosecutors will lay out their case against the man accused of killing Charlie Kirk
Charlie Kirk's widow and parents are expected this week in a Utah court where prosecutors seeking the death penalty will argue that the man charged with killing the conservative activist should stand trial for murder.
The five-day preliminary hearing that starts today will be the first time members of Kirk's family are in the Utah courtroom with defendant Tyler Robinson. The hearing will be livestreamed.
Robinson turned himself in after the shooting. Prosecutors allege that he also sent a text message confession to his partner and left a note saying he had an opportunity to kill one of the nation's leading conservative voices, "and I'm going to take it."
He has not entered a plea in the case, however.
Robinson, 23, is charged with aggravated murder in the Sept. 10 assassination of Kirk, who was addressing a crowd of thousands at Utah Valley University. His attorneys have not commented on his guilt or innocence.
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