Tyler Robinson, 23, could become eligible for execution by firing squad after a Utah judge ruled last week that political targeting aggravates the first-degree murder charge he faces in the fatal shooting of conservative activist Charlie Kirk.
Robinson’s defense attorney, Richard Novak, argued at the pre-trial hearing in Provo that prosecutors were bridging a logical chasm without evidence. “There’s a gap between what it is Mr. Kirk said and stood for … and what it is Mr. Robinson felt about him,” Novak claimed in closing arguments. “And it’s a significant gap because what it allows the state to do is to make it up. ‘Oh it must be about this relationship.'”
Prosecutor Ryan McBride countered that the motive was unmistakable. “We know what charge Kirk stood for, and those ideas were repugnant to the defendant,” McBride told Judge Tony Graf. The prosecution revealed for the first time at the hearing that Robinson allegedly killed Kirk over what he called the victim’s “political expression” against gay marriage, trans rights and “the LGBTQ+ agenda.”
Robinson allegedly detailed his rationale in a text to his partner Lance Twiggs, a biological male whom Robinson called by his trans furry name “Luna.” “I had enough of his hatred. Some hate can’t be negotiated out,” Robinson allegedly wrote.
The defendant also allegedly left behind a note that prosecutors say demonstrates both planning and political motivation. “I had the opportunity to take out Charlie Kirk, and I took it. … I wish we could have lived in a world where this did not feel necessary,” the note allegedly read. Robinson further allegedly etched political messages and trans memes onto his bullets’ cartridge casings, including “Notices Bulge / OwO What’s This?” and “hey fascist! CATCH!”
Kirk, 37, the married father of two and co-founder of Turning Point USA, was calmly debating students at Utah Valley University on Sept. 10 when Robinson allegedly used his grandfather’s hunting rifle to shoot him in the neck from a campus rooftop. The killing, carried out before a crowd of roughly 4,000 people, was captured on video.
Political targeting combined with the risk of collateral damage could qualify Robinson for Utah’s death penalty by firing squad if convicted at the yet-to-be-scheduled trial. Judge Graf also ruled that Robinson will face six additional counts, including obstruction of justice for allegedly hiding the murder weapon and witness tampering for allegedly instructing Twiggs to remain silent.
The defense challenged the reliability of security camera footage allegedly showing Robinson prowling the campus on the day of the killing, as well as DNA samples collected from a rifle and screwdriver found near the crime scene. But prosecutors maintained that camera footage, DNA evidence, text messages, the note and video testimony from Twiggs constitute “a mountain of evidence that proves he is the shooter.”
Kirk’s widow, Erika, has aggressively pushed for maximum transparency in the proceedings, demanding that evidence be shown in court and that media cameras be permitted. She has publicly railed against conspiracy theories swirling around the case, including one popular claim that Kirk was killed by an exploding lapel microphone planted by Israeli agents.
Robinson’s legal team has fought to exclude press cameras and seal evidence, arguing that intense coverage would prejudice potential jurors. The tension over media access has already produced consequences: a prosecutor was held in civil contempt of court in June for violating a pretrial gag order by speaking to the media, Judge Graf ruled.
The judge nevertheless allowed the pre-trial hearing and nearly all evidence exhibits to be broadcast, withholding only certain graphic images of the killing, images of Robinson’s alleged note to Twiggs — which was accidentally broadcast anyway — and portions of Twiggs’ video testimony. A scheduling conference to set Robinson’s trial date has been set for Oct. 23.
