Charlie Kirk's alleged assassin begs to take death penalty off the table, filings claim

By EMMA RICHTER, US SENIOR NEWS REPORTER Published: 20:48, 12 August 2026 | Updated: 20:54, 12 August 2026 Charlie Kirk's alleged assassin wants the death penalty taken off the table, a new filing has claimed.  Tyler Robinson, 23, is awaiting trial after being accused of fatally shooting the 31-year-old on September 10, 2025, during a Turning Point USA event at Utah Valley University.  The Utah native has been charged with aggravated murder and could face the death penalty under state law if convicted. He has not entered a plea. But according to new court documents filed on Tuesday, prosecutors can't seek execution because they have failed to establish probable cause that the shooter acted in an aggravated manner that day.  Robinson's lawyers wrote a 41-page brief arguing that prosecutors have failed to establish probable cause for his aggravated murder charge because they cannot prove that the shooter knowingly created a great risk of death to anyone other than Kirk that day, the documents reviewed by the Daily Mail read. His attorneys noted that the state has had 'over ten months' to prove the aggravation factor, but 'overwhelmingly failed' to do so during a weeklong preliminary hearing in July, the filing stated.  The brief further argued that prosecutors did not present evidence that proved that Robinson's alleged actions would create 'a great risk of death' to anyone other than Kirk and that he was the only one shot that day.  Prosecutors have argued that Robinson's alleged crime had an aggravating factor to it because he allegedly put others' lives on the line when he fired a single shot from atop a building at the school that struck Kirk in the neck.  Tyler Robinson, the man accused of killing Charlie Kirk, has asked that the death penalty be taken off the table because the government cannot prove the shooter did more than set out to kill the 31-year-old and did not harm anyone else, a new court filing states Prosecutors have argued that Robinson's alleged crime had an aggravating factor to it because he allegedly put others' lives on the line when he fired a single shot from atop a building at the school and struck Kirk in the neck His lawyers said that prosecutors have to provide more than a 'possibility' that another person could have been hurt during the incident, the filing detailed.  Instead, they have argued that prosecutors must show there was a 'high probability' of that and that Robinson was aware of it, the documents read.  Without the aggravator factor, the potential death penalty sentence for Robinson would no longer exist in the case, his lawyers said.  'The facts and the law require this Court to strike the sole aggravating factor,' the filing read.  It continued: 'The State’s presentation of its evidence as to this alleged circumstance in aggravation at the preliminary hearing in July 2026 wholly fails to carry its burden of proof... The facts and the law require this Court to strike the sole aggravating factor.' When prosecutors filed charges against Robinson last September, they also filed a victim-targeting 'enhancement', which could increase penalties for Robinson if he's convicted.  They've specifically argued that Robinson targeted Kirk because he represented a 'political movement' that was opposed to gay marriage and transgender rights, among other topics.  Kirk was a well-known conservative activist who often shared his unapologetic beliefs about social issues. He also openly debated those who opposed him.  An image of a rifle that prosecutors say was recovered by investigators near Utah Valley University is shown during a preliminary hearing in July  After news came out about Robinson being the alleged shooter, it was revealed that he was in a romantic relationship with his transgender roommate Lance Twiggs (pictured) And according to prosecutors, Kirk's stances stood in 'stark contrast' to Robinson's personal beliefs and lifestyle.  After news came out about Robinson being the alleged shooter, it was revealed that he was in a romantic relationship with his transgender roommate Lance Twiggs.  His attorneys addressed this argument in the recent filing, stating that the only piece of evidence the prosecution has brought forward to support their claim about Robinson's motivation was a text to Twiggs that read: 'I had enough of his hatred,' the filing said.  'In the face of the absence of evidence, the State focuses on Mr. Robinson’s sexuality and Mr. Twiggs’ gender identity, if only because those are two topics on which Mr. Kirk was, in fact, widely viewed as expressing hatred and intolerance,' the defense continued.  'However, that is not an evidentiary substitute for proof that Mr. Robinson targeted Mr. Kirk because of those expressions. It is the State’s speculation that he did so.'