The man charged with killing Charlie Kirk should not be eligible for the death penalty because the shooter "hit the intended target" and no one else was endangered when the conservative activist was shot from a rooftop as he addressed a crowd of thousands at Utah Valley University last year, his lawyers said. In documents filed late Tuesday, Tyler Robinson's attorneys say "the only evidence presented supports that the bullet traveled above, not through, the crowd," and prosecutors have not proven that he knew others who attended Kirk's event on Sept. 10 were in danger—a potentially aggravating factor under state law that would make it a capital crime, reports the AP.
The Salt Lake Tribune quotes the defense brief: "There were no threats to others in the course of conduct. There was no one 'directly' next to Mr. Kirk when he was shot, and there was no one under the tent on the side that Mr. Kirk was struck or behind him in the breezeway." Prosecutors have until Aug. 18 to respond to the defense arguments. 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. State District Judge Tony Graf will then decide if the case can go to trial and on what charges.
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