Preliminary hearing begins for Charlie Kirk murder suspect

Prosecutors seeking the death penalty against Tyler Robinson began laying out their case Monday in a Utah courtroom, opening a five-day preliminary hearing that will determine whether the 23-year-old should stand trial in the killing of conservative activist Charlie Kirk.

The hearing marks the first time Kirk’s widow and parents were expected to be in the courtroom with Robinson, who is charged with aggravated murder in the Sept. 10 shooting at Utah Valley University. Robinson has not entered a plea, and his attorneys have not commented on his guilt or innocence.

Kirk’s parents, Robert and Kathryn, his wife, Erika, and sister Mary issued a statement Monday describing the proceedings as a painful reminder of their loss. “Charlie was a beloved husband, son, brother, friend, and father,” they said. “Every court proceeding serves as a painful reminder of his death and the loss that has irrevocably impacted our lives and the lives of his children.” They thanked supporters for “prayers and kindness” and asked for privacy.

State District Judge Tony Graf will decide after the hearing whether prosecutors have shown reasonable grounds to believe Robinson killed Kirk. That standard is lower than the “beyond a reasonable doubt” threshold required for a conviction at trial.

The first prosecution witness was former Utah Valley University police officer Chris Bagley, who described hearing a gunshot as Kirk answered a question before a crowd of thousands. Bagley said people began running and officers soon reported over the radio that someone was in custody.

Bagley testified that he ran up a public staircase to the roof of the Losee Center building, which he knew had a clear line of sight to where Kirk had been speaking. On the roof, he said, he saw a red-and-black screwdriver that “looked out of place to me.” Al Jazeera reported that Bagley also described indentations in gravel as an apparent “sniper pad.”

Bagley said he later worked to “preserve the crime scene” and noticed an empty pistol holster on the ground, though he said the shot he heard sounded like it came from a rifle. Under questioning from defense attorney Kathryn Nester, Bagley acknowledged he never took custody of the holster and did not know whether it was fingerprinted.

Prosecutors are expected to present DNA evidence, autopsy findings, witness statements, video of the killing, testimony from investigators and evidence they have described as a confession note and text messages. Authorities have said DNA consistent with Robinson’s was found on the trigger of the rifle used to kill Kirk, the fired cartridge casing, two unfired cartridges and a towel used to wrap the rifle.

Prosecutors have said Robinson left a note for his roommate and romantic partner that read, “I had the opportunity to take out Charlie Kirk and I’m going to take it.” They also said he wrote in a text message, “I had enough of his hatred. Some hate can’t be negotiated out,” and, “Shouldn’t be long until I can come home, but I gotta grab my rifle still.”

Defense attorneys unsuccessfully sought to block prosecutors from using recorded statements from Robinson’s roommate during the hearing, arguing that the roommate should testify in person so Robinson could challenge the witness’s credibility. Graf said that challenge would come later. Al Jazeera reported Robinson’s lawyers were expected to focus on ballistics testing that could not definitively connect the bullet fragment removed from Kirk’s body with the alleged murder weapon.

Reporters and the public are allowed to attend after Graf denied a defense request to restrict access, and the hearing is being livestreamed.

Kirk co-founded Turning Point USA and was credited with helping turn out younger voters for President Donald Trump. Trump first announced Robinson’s arrest in a Sept. 12 Fox News interview and said, “I hope he gets the death penalty.”