Week of sparring over evidence in Charlie Kirk case ends without a ruling

Attorneys on Friday ended their weeklong presentation of evidence against the man charged with shooting and killing conservative activist Charlie Kirk. But Kirk’s family and the public must wait longer to hear if the case will move forward. 

The question before the judge is whether there’s enough evidence for Tyler Robinson, 23, to stand trial for charges including aggravated murder, a capital offense. Robinson hasn’t yet entered any pleas to the charges. Fourth District Judge Tony Graf isn’t likely to make a ruling for at least several more weeks.

Robinson is scheduled to appear in court on Sept. 1 for arguments on whether prosecutors have shown there’s probable cause, or a reasonable belief, to support the allegations and advance the case to trial. An attorney for Charlie Kirk’s parents and his widow, Erika Kirk, urged the judge to issue a decision the same day, saying in a Friday court filing that a “prompt determination is imperative in the interest of justice.” 

Charlie Kirk, a close ally of President Donald Trump and founder of the organization Turning Point USA, was fatally shot while speaking before a crowd of about 3,000 at Utah Valley University in Orem on Sept. 10. Prosecutors have said they intend to seek the death penalty if Robinson is convicted on the murder charge.

The president’s son, Donald Trump Jr., attended this week’s hearing. Utah Sen. Mike Lee said in a social media post that he did so as well on Thursday, at Erika Kirk’s invitation.

Erika Kirk’s request to show all evidence in court shines light on victim rights — and their limits 

In a Friday statement, the Kirk family said “as difficult as these last few days have been, it brings our family comfort to know that the world has witnessed the overwhelming evidence of what occurred to Charlie that day.”

Their attorney, Jeffrey Neiman, urged the judge on Thursday to make public all the videos, text messages and other materials admitted into evidence court this week, arguing his clients have a right to see it and noting conspiracy theories have spun around the case. 

But defense attorneys raised concerns about the effects of publicity on the views of potential jurors if the case goes to trial. The judge declined to display all the evidence but did allow observers in the courtroom to see an edited, zoomed-in version of surveillance video previously played in court. 

During the weeklong hearing, Robinson’s defense team called DNA analysts to the witness stand in an effort to cast doubt on evidence prosecutors say links Robinson to a rifle, towel and screwdriver found near the scene. They also grilled investigators about steps not taken early on in the case. 

Among the evidence prosecutors presented was surveillance video from the university campus they said shows the suspect making his way to and from a rooftop and taking a sniper position. 

They also played for the first time a recorded interview with Robinson’s former roommate and then-romantic partner, who recalled that the day after the shooting, Robinson “started crying a little bit and said he wishes he hadn’t done it.”

The judge barred news photographers from capturing any exhibits shown in court Friday after a video camera inadvertently captured part of a note Robinson is accused of leaving for his former roommate. The text of the letter has already been made public in search warrant and court filings, with prosecutors saying it reads in part, “I had the opportunity to take out Charlie Kirk, and I’m going to take it.”