Tyler Robinson, accused of fatally shooting Turning Point USA founder Charlie Kirk, appears in court Monday as a five-day preliminary hearing begins to determine whether prosecutors have sufficient evidence to proceed to trial.
Kirk was shot on September 10 while addressing a crowd at Utah Valley University. Robinson, 23, is charged with aggravated murder, and prosecutors are seeking the death penalty.
What the Hearing Will Determine
The preliminary hearing will establish whether prosecutors have presented probable cause for the case to advance, said Paul Cassell, a University of Utah law professor and former federal judge. “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,” Cassell told the Associated Press.
Under Utah law, prosecutors may pursue capital punishment only if they can demonstrate the crime involved one or more statutory aggravating circumstances. If convicted and sentenced to death, Robinson could be executed by lethal injection or firing squad.
Evidence Expected to Be Presented
The state plans to present DNA evidence allegedly linking Robinson to the suspected murder weapon, according to the Associated Press. Prosecutors will also introduce investigator testimony, autopsy results, witness accounts and video footage of the shooting.
At the preliminary hearing, prosecutors are not required to present their complete case and may rely on hearsay evidence that would generally be inadmissible at trial. The proceedings will be open to the public and media.
The Legal Standard and Robinson’s Status
To advance the case, prosecutors must show reasonable grounds that Robinson committed the crime-a significantly lower legal standard than proving guilt beyond a reasonable doubt at trial. Robinson has not entered a plea.
Kirk’s widow, Erica Kirk, along with his parents, is expected to attend the proceedings. The Utah Supreme Court cleared the way last week for Monday’s hearing to proceed as scheduled.