Bullet engraving could be key to whether prosecutors seek death penalty in Charlie Kirk case

Prosecutors in the Charlie Kirk assassination case pointed Tuesday to engravings on a bullet, arguing that the inscription "Hey Facist! CATCH!" shows that Kirk was targeted for how the defendant perceives Kirk's political positions. 

Whether the defendant, Tyler Robinson, acted out of political animus toward Kirk could determine if prosecutors pursue the death penalty or if Robinson's attorneys remove it as an option. 

The prosecutors and Robinson's defense attorneys filed documents late Tuesday arguing whether the crime included aggravating factors that would make Robinson eligible for the death penalty. Besides any political animus, those factors include whether the shooting endangered the thousands who had attended the Sept. 10 event at Utah Valley University where Kirk was killed, the Associated Press reported. 

In the new filings, prosecutors said that the engraved bullet that was found in the suspected murder weapon was an "overt political reference." They also pointed to a text message they allege Robison wrote about Kirk, saying, "I had enough of his hatred. Some hate can't be negotiated out." Robison's attorneys dispute that the text message is strong enough evidence to prove political motivations. 

The documents follow a five-day preliminary hearing in July, when prosecutors argued that there was enough evidence against Robinson for a trial, while Robinson's attorneys tried to sow doubt about analysts' findings. 

Judge Tony Graf will hear again from both sides on Sept. 1, after which he will decide if the case should advance to trial.