Lawyers for man accused of assassinating Charlie Kirk ask judge to remove death penalty option

Lawyers for Tyler Robinson, who is accused of assassinating conservative activist Charlie Kirk, argue in a new court filing that prosecutors haven't established a case for the potential death penalty. 

In a 41-page brief, defense attorneys Kathy Nester, Michael Burt, Richard Novak and Staci Visser said that the facts of the case and the law require the court to "strike the sole aggravating factor," which is that the shooting created a high probability of death to someone other than Kirk and that Robinson was aware of that high probability, Fox News reported. 

Without that factor, the potential death penalty would be removed as an option in the case. 

After a preliminary hearing in July, Judge Tony Graf Jr. granted both sides time to file briefs before he decides on whether there's enough probable cause for the case to go to trial. 

Prosecutors allege that Robinson, 23, shot Kirk at Utah Valley University on Sept. 10, 2025, during a Turning Point USA event. Kirk was speaking in front of a crowd of more than 2,000 people when he was struck in the neck and killed by a single bullet.