Defense attorneys for Tyler Robinson filed a 41‑page brief arguing that prosecutors have not established the aggravating factor needed to pursue the death penalty in the Charlie Kirk murder case. The filing, made public Tuesday night, asserts that the facts and law require the court to strike the sole aggravator, which would effectively remove capital punishment from the case. The dispute centers on the Sept. 10, 2025, shooting of Charlie Kirk at Utah Valley University during a Turning Point USA event. Prosecutors contend the gunman endangered spectators in the packed courtyard, while the defense maintains only Kirk was struck and no one else was in the bullet’s trajectory.

A preliminary hearing in July gave Judge Tony Graf Jr. time to rule on probable cause, with a decision expected at the Sept. 1 hearing. Without the aggravator, the potential death penalty would be taken off the table. The case also includes allegations that Tyler Robinson communicated intent to kill Kirk and that evidence such as DNA and a .30‑06 Mauser rifle links him to the crime.