Kathmandu— Tyler Robinson, accused of fatally shooting conservative activist Charlie Kirk at a Utah Valley University event last September, may not be eligible for the death penalty, his defense team argues. In court filings this week, they contend that prosecutors have failed to demonstrate Robinson knowingly created a risk of death to anyone other than Kirk, a requirement for capital punishment under Utah law. The shooting occurred on September 10, 2025, in Orem, and Robinson was apprehended two days later after investigators alleged he fired the shot from a rooftop approximately 130 meters (140 yards) from the event.

Arguments Against Aggravating Factors

Robinson’s defense attorneys argue that the prosecution has not met the burden of proof for an aggravated murder conviction, which necessitates at least one “statutory aggravating factor” to qualify for the death penalty. They claim evidence shows the bullet traveled above the crowd, meaning no other individuals were placed in harm's way. The lawyers also point to communications between Robinson and his partner, Lance Twiggs, stating that there was no mention of intending harm to anyone besides Kirk.

Dispute Over Political Motivation

Prosecutors allege Robinson’s motive stemmed from Kirk’s public stance against same-sex marriage and gender transitioning. However, the defense team insists that references to “hatred” in text messages between Robinson and Twiggs were general expressions of dislike rather than targeting a specific political viewpoint. Family members and media reports indicate Robinson had become radicalized and frequently mentioned Kirk prior to the shooting.

Previous Legal Challenges

In June, Robinson’s defense team petitioned Utah District Judge Tony Graf to prevent prosecutors from seeking the death penalty, accusing them of conducting a “media tour” regarding a bullet fragment recovered from Kirk's body. The attorneys alleged this violated restrictions on public comments related to the case. Unfired rounds found with the rifle allegedly used in the shooting bore inscriptions, including “Hey, fascist! Catch!”

Upcoming Hearing

The hearing is scheduled to resume on September 1, and Robinson has yet to enter a plea.

The court will consider the defense’s arguments regarding the death penalty eligibility at the upcoming hearing.

(With inputs from RT)

Originally published on abcnews.com.np.