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Graf sends case to trial
Utah District Judge Tony Graf ruled Tuesday that Tyler Robinson, 23, will stand trial for aggravated murder in the killing of conservative activist Charlie Kirk, a charge that could carry the death penalty if Robinson is convicted.
“Utah District Judge Tony Graf on Tuesday sided with prosecutors who said they had “overwhelming” evidence”
Prosecutors told the court they had “overwhelming” evidence that Robinson shot Kirk once in the neck as Kirk spoke to a crowd of thousands last September in Orem, Utah.
The case is headed for trial after Robinson’s lawyers entered a not guilty plea following Graf’s decision, and the judge’s ruling approved the aggravated murder charge as an aggravating factor under Utah law.
CBS News reported that Graf said his decision was based on “the documented position of several individuals in and around the canopy area” where Kirk was speaking, among other factors.
Prosecutors said Robinson shot Kirk from a rooftop more than 400 feet (122 meters) away, and the defense argued the standard for a death-penalty charge was not met because prosecutors failed to show Kirk’s shooting endangered people around him.
Prosecutors vs defense on risk
In closing arguments, Deputy Utah County Attorney Ryan McBride argued Robinson created a “great risk of death” by firing a high-powered rifle into a crowd of over 3,000 people at Utah Valley University in Orem.
McBride told the court that “You can’t shoot a rifle into a crowd of 3,000 people and not know that you are posing a significant risk of death,” as prosecutors sought to keep the aggravated murder charge eligible for capital punishment.
Defense attorney Staci Visser countered that the shooting endangered no one but Kirk, telling the court, “There is one act. There is one shot. There is one bullet. There is one victim,” and arguing there was no evidence others were threatened.
The judge’s decision also addressed the aggravated-murder factor of whether the defendant knowingly endangered others, with Graf saying the circumstances supported “a reasonable inference that defendant was aware that other individuals were positioned near Mr. Kirk when he fired.”
Robinson’s lawyers argued the aggravated murder statute required a high probability—not merely a possibility—that other people could have been killed, and they focused on blocking the death penalty from being on the table.
Next steps and what’s at stake
The ruling means Robinson faces trial on all seven charges against him, including aggravated murder and other counts described in court coverage, with the death penalty remaining on the table if prosecutors prove the aggravating circumstances.
“La próxima fecha del juicio fue fijada para el 23 de octubre a la 1:00 pm”
Telemundo reported that the next trial date was set for 23 de octubre a la 1:00 pm (hora de Montaña), after Robinson pleaded not guilty to the seven charges in Utah state court.
NPR reported that the proceedings were livestreamed by Salt Lake City TV channel KUTV despite objections from Robinson’s lawyers, and it said prosecutors are likely to seek the death penalty given the aggravated-murder charge and other serious counts.
In the courtroom, Graf’s decision was tied to whether Robinson knowingly created a risk of death to others, and the judge warned the audience not to make comments or visible reactions while court was in session.
Kirk’s family called the ruling “an important step in our family’s pursuit of justice,” with the statement saying “Every step in this process carries the weight of all that Charlie’s murder has taken from his family, especially his children who will grow up without their father.”