Charlie Kirk’s widow and parents are expected this week in a Utah courtroom where prosecutors seeking the death penalty will argue that the man charged with killing the conservative activist should stand trial for murder.
The five-day preliminary hearing that started Monday will mark the first time members of Kirk’s family are in the Utah courtroom with defendant Tyler Robinson. The hearing will be livestreamed.
During the hearing on Monday, former Utah Valley University police officer Chris Bagley said that shortly after the shooting last September, he ran up a public staircase to reach the roof of the Losee Center building, which he knew had a clear line of sight to the location where Charlie Kirk was sitting when he was shot.
On the roof, he spotted something “that looked out of place to me,” Bagley said. It was a red-and-black screwdriver.
Bagley says he could see the right side of Charlie Kirk as the conservative activist spoke on campus.
Kirk was answering a question when Bagley heard a gunshot, he said, and chaos erupted.
People got up and started running.
Within a few moments, Bagley says he heard officers over the radio say that someone was in custody, so he began assessing the crowd for injuries.
Then he began working to “preserve the crime scene,” Bagley said.
He spotted a pistol holster that had been left on the ground, but knew that he had heard a rifle shot rather than a pistol shot, Bagley added.
Bagley said that on the day of the shooting, he got to work around 11 a.m., and his job was to secure an area near a campus building called the Hall of Flags.
Bagley used aerial drone photos to describe the layout, including whether there is a clear line of sight or view between different places on campus and the courtyard where Charlie Kirk was shot.
Kirk’s family issues statement
Kirk’s parents, Robert and Kathryn, his wife, Erika, and sister Mary issued a statement early Monday saying, “Charlie was a beloved husband, son, brother, friend, and father. 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.
“We remain deeply grateful for the support, prayers, and kindness we have received. This outpouring has sustained us during the darkest days of our lives. Out of respect for the judicial process, we will not be commenting further at this time. We ask for continued privacy as we navigate this process and immense grief.”
Witnesses said Kirk had just begun to debate someone about gun violence during an event audience at Utah Valley University when he was shot.
Robinson turned himself in after the shooting. Prosecutors allege that he also sent a text message confession to his partner and left a note saying he had an opportunity to kill one of the nation’s leading conservative voices “and I’m going to take it.”
He has not entered a plea in the case, however.
Robinson, 23, is charged with aggravated murder in the Sept. 10 assassination of Kirk, who was addressing a crowd of thousands at Utah Valley University. His attorneys have not commented on his guilt or innocence.
The alleged shooter was a third-year student at Utah’s Dixie Technical College in the electrical apprenticeship program, the state Board of Higher Education said in a statement. He also attended Utah State University for one semester in 2021, CBS News previously reported. He is the oldest of three brothers. His father owns a business installing kitchen countertops and cabinets and his mother is a licensed social worker, according to public records and their social media accounts.
“Overwhelming case”
Months of legal jostling leading up to Robinson’s hearing centered largely on media access. Beginning Monday, the focus shifts to whether there is enough evidence for a trial and if the death penalty is warranted, said Paul Cassell, a University of Utah law professor and former federal judge.
Cassell said evidence made public to date in court filings suggests prosecutors have “an overwhelming case.”
“This seems like the proverbial slam dunk at this stage of the case, where the only issue is whether there is a sound basis for moving forward with a trial on the merits,” he said.
A death sentence is an option in Utah only when a crime has aggravating circumstances. Capital punishment in Utah entails either lethal injection or a firing squad. Prosecutors will argue in Robinson’s case that Kirk’s shooting endangered others in attendance.
The proceeding will resemble a minitrial, with prosecutors planning to offer DNA evidence linking Robinson to the suspected murder weapon, testimony from investigators, autopsy findings, witness statements and video of Kirk’s killing. They are not required to present all their evidence and can use secondhand information, or hearsay.
After the hearing concludes, state District Judge Tony Graf must determine if the case should proceed.
Reporters and the public will be allowed to attend after Graf denied a defense request to restrict access.
Kirk’s killing drew backlash from his Republican allies, including President Trump, who first announced Robinson’s arrest in a Sept. 12 interview on Fox News and said, “I hope he gets the death penalty.”
This week prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk. The standard is lower than for a trial, where prosecutors have to prove guilt “beyond a reasonable doubt.”
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.
Robinson’s parents had confronted him after authorities released a surveillance photo of the suspect and details about the rifle, authorities have said. His parents convinced him to meet with a family friend, who is a retired sheriff’s deputy, who reportedly helped arrange for Robinson to turn himself in.
Prosecutors have said Robinson left a note for his roommate, who was also his 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 to his roommate in a text message about Kirk: “I had enough of his hatred. Some hate can’t be negotiated out.”
“Shouldn’t be long until I can come home, but I gotta grab my rifle still,” Robinson wrote in the text exchange that the roommate provided to investigators.
Defense attorneys unsuccessfully sought to block prosecutors from using recorded statements from Robinson’s roommate during the hearing. The defense wanted the roommate to testify in person so Robinson could exercise his right challenge the credibility of witnesses against him. Graf said the time for challenging witnesses would come later.
Kirk and the organization he co-founded, Turning Point USA, galvanized the conservative youth vote to help Mr. Trump win a second term. At a Presidential Medal of Freedom award ceremony on what would have been Kirk’s 32nd birthday, Mr. Trump credited the political activist with helping him win a greater share of the under-30 vote in the most recent presidential race.
Kirk’s widow, Erika Kirk, said during his memorial service that she forgives Robinson.
Ahead of Monday’s hearing, she thanked supporters in a statement posted to X for their kindness and prayers. She added that the public outpouring “has sustained us during the darkest days of our lives.”
She is expected in court throughout the week with her husband’s parents, according to a person familiar with the situation who spoke on condition of anonymity because they were not authorized to speak publicly.
At a December CBS News town hall, Erika Kirk was asked if she had any words for the accused killer.
“Nothing. I have nothing to say to you. Nothing,” she said.
She added that there’s a difference between forgiving someone and still wanting justice. “We serve a just God, and I rest easy in knowing that. He’s sovereign, but he’s just. And so let the Lord handle that.”
In:
-
-
-
-
