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Accused Charlie Kirk assassin Tyler Robinson asks judge to take potential death penalty off table
Defense lawyers say prosecutors failed to prove the aggravating factor needed to seek death, citing a 41-page brief and only one shot fired.
In a new court filing made public Tuesday, lawyers for accused assassin Tyler Robinson argued prosecutors failed to establish probable cause for the sole aggravating factor that could expose him to the death penalty.
At issue is whether Robinson created a 'high probability' of death to others when he allegedly fired a single shot into a crowd of about 3,000 at Utah Valley University on Sept. 10.
Defense attorneys Kathy Nester, Michael Burt, Richard Novak, and Staci Visser cite the lack of other injuries, while prosecutors point to DNA evidence and surveillance video tracked across Utah Valley University as proof.
State District Judge Tony Graf scheduled the preliminary hearing to resume on September 1, when attorneys will submit written briefs and present final arguments on whether probable cause was met.
Without the aggravating factor, the potential death penalty would be removed from consideration, as defense counsel asserts 'the facts and the law require this Court to strike the sole aggravating factor.