Charlie Kirk shooting: Lawyers argue against death penalty for Tyler Robinson

Charlie Kirk’s alleged shooter shouldn’t get the death penalty because he “hit the intended target” and no one else was in danger at the time of the shooting, his lawyers wrote in a filing late Tuesday.

Tyler Robinson’s attorneys said the bullet traveled above the crowd of thousands, and prosecutors have not yet proven that he knew others who attended Kirk's event were in danger.

Kirk, 31, was killed as he spoke to a crowd of thousands at Utah Valley University on Sept. 10. Robinson is charged with aggravated murder and could face the death penalty.

Robinson has yet to enter a plea.

“The only evidence presented supports that the bullet traveled above, not through, the crowd,” Robinson’s attorneys wrote in an effort to try to block the case from going to trial.

The defense lawyers also disputed prosecution’s claims that Robinson targeted Kirk over his political views.

Prosecutors allege Robinson, 23, admitted to his roommate that he killed Kirk because he “had enough of his hatred.”

But the defense said that was not enough to prove what motivated Robinson, after searches of his apartment, computers and telephone failed to produce anything beyond that one statement.

Last month, the prosecution presented “overwhelming” evidence against Robinson, including DNA tests that tie him to the suspected murder weapon and apparent confessions by the defendant.

Tuesday’s filing did not make any mention of the DNA.

Robinson’s defense attorneys previously tried to get the death penalty taken off the table after prosecutors were found to be in contempt of court for talking about the case to the media. State District Judge Tony Graf rejected that request.

Prosecutors have until Aug. 18 to respond to the defense arguments. The Associated Press left telephone and email messages with the Utah County Attorney’s Office seeking comment.

In documents filed last month, prosecutors said the fact that Robinson loaded his rifle with four bullets showed that he knew he could miss Kirk, “thereby putting others in danger.”

But defense attorneys said, “it is just as likely that the shooter did not believe he would miss.”

Closing arguments in the preliminary hearing are scheduled for Sept. 1. Graf will then decide if the case can go to trial and on what charges.