The murder case against Tyler R., the man accused of fatally shooting conservative activist Charlie Kirk last September, is headed to trial, and he could face the death penalty if convicted, under a new ruling.
Utah District Judge Tony Graf ruled late on Tuesday that prosecutors had presented sufficient evidence to proceed, ordering that the defendant be set for trial.
The 23-year-old suspect pleaded not guilty to all seven charges, including aggravated murder, following the ruling. A hearing to schedule the trial date is set for October 23.
What did the prosecutors say?
Prosecutors say Tyler R. fired a single shot from a rooftop more than 400 feet (~122 meters) away, striking 31-year-old Kirk in the neck as he addressed a crowd of more than 3,000 people at Utah Valley University.
A strong supporter of President Donald Trump, Kirk has been credited with motivating young voters to turn out for him in the 2024 US presidential election.
Utah County prosecutor Ryan McBride told the court the defendant "lay down in a prone position, and he would have seen this mass of people, of 3,000-plus people there for the event, took aim, put his crosshairs on Charlie Kirk and fired."
McBride argued the shooting "created a great risk of death that anyone would know about."
Prosecutors also pointed to the rifle's additional unfired rounds as evidence that the suspect "came prepared to shoot again," and presented DNA evidence they say ties him to the weapon and to a tool allegedly used to engrave one of the cartridges with the words "Hey Fascist! CATCH!"
What did the defense say?
The defendant's attorneys have argued the case does not meet Utah's legal threshold for aggravated murder, which requires showing that others faced a high probability, not just a possibility, of harm.
Defense attorney Staci Visser told the court, "There is one act. There is one shot. There is one bullet. There is one victim," adding that there was "zero evidence that there was any action taken towards other people."
The defense also challenged the reliability of the prosecution's DNA testing.
Court hears argument for political motive
Prosecutors say the defendant targeted Kirk over his political views, citing a text message in which he allegedly wrote to his roommate, "I had enough of his hatred. Some hate can't be negotiated out."
A handwritten note he reportedly wrote the roommate, who he was romantically involved with, read: "I had the opportunity to take out Charlie Kirk, and I took it."
However, defense attorney Richard Novak countered that Kirk had spoken "hatefully" about LGBTQ people and that the wording of the message didn't necessarily indicate a political motive.
Kirk family welcomes 'important step' for justice
Kirk's parents and widow, Erika Kirk, who now leads his organization Turning Point USA, attended the hearing. In a statement, the Kirk family said the ruling "marks an important step in our family's pursuit of justice for him."
"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," read the statement posted by Erika Kirk on social media.
Legal analyst Seth Zuckerman told Reuters he expects the case to go to trial rather than end in a plea deal, saying prosecutors "may not be willing to take the death penalty off the table, and that would probably require a trial."
