Prosecutors to present evidence against Charlie Kirk's alleged assassin

Donald Trump Jr. is seated in the courtroom gallery with Kirk's family.

A crucial court hearing got underway on Monday to determine whether prosecutors have enough evidence to warrant a murder trial for the alleged assassin of conservative activist Charlie Kirk.

Utah prosecutors said they have a mountain of evidence against the suspect, 23-year-old Tyler James Robinson, and plan to seek the death penalty.

The state began presenting its evidence on Monday at a preliminary hearing in the 4th District Court in Provo, Utah. The hearing is expected to last up to five days.

Kirk's widow, Erika Kirk, and his parents, Robert and Kathryn Kirk, are attending the hearing, marking the first time they have seen Robinson in person. President Donald Trump's son, Donald Trump Jr., who was a friend of Charlie Kirk, was also seated in the courtroom gallery.

The Kirk family released a statement Monday morning, 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," the family said. "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."

The family said it will not be commenting further on the case: "We ask for continued privacy as we navigate this process and immense grief."

Graphic exhibits to be presented at hearing

District Judge Tony Graf, who is presiding over the hearing, will weigh the evidence presented by prosecutors and decide if there is enough to hold Robinson over for trial and whether prosecutors can proceed in seeking the death penalty.

At the start of the hearing, Chief Deputy Utah County Attorney Chad Gruander informed Graf that the state plans to call four witnesses on Monday, all law enforcement officers, and present 40 to 50 exhibits, some he warned are graphic in nature.

The fatal shooting of Kirk, who was the founder of the conservative youth movement Turning Point USA and a strong ally of President Donald Trump, occurred on Sept. 10, 2025 at an outdoor rally at Utah Valley University in Orem, Utah.

Kirk was holding the first stop of his "The American Comeback Tour," which invited students on college campuses to debate hot-button issues. He was at an amphitheater on the college taking a question about gun violence in America when a single shot rang out from a distance away, hitting him in the left side of his neck.

Robinson has been charged with aggravated murder, felony discharge of a firearm causing serious bodily injury, obstruction of justice, two counts of witness tampering and commission of a violent offense in the presence of a child.

Robinson has yet to enter a plea to the charges, and his attorneys have not issued any statements on his guilt or innocence.

Officer describes hearing the fatal shot

The first witness called by the state was former Utah Valley University senior officer Christopher Bagley, who was posted in the campus' Hall of Flags, above the amphitheater where Kirk was speaking to crowd by under a tent.

"[Kirk] was answering a question, a kid asked him a question. And then I heard a shot fired," Bagley testified, recalling the time of the shooting was 12:23 p.m. local time.

He testified that he saw Kirk fall to his left.

As Bagley was testifying about the shooting, Erika Kirk and her late husband's parents left the courtroom.

Bagley said chaos immediately broke out with people running in all directions. He said he ran down a staircase to the amphitheater. As he was searching for the shooter, Bagley said he received a radio dispatch that the shooter was in custody.

He testified that when he got to the area where the suspected shooter was detained, he saw an empty pistol holster on the grass.

"At that moment, things had died down just a split second and I realized that the shot I heard was more of a rifle shot and not a pistol shot," Bagley said.

Police later determined that the person initially detain was not the shooter.

"I looked up at that moment and saw the Losee building that had a direct line of sight" to where Kirk was speaking, Bagley said.

Bagley said he then went to the roof of the Losee Center to investigate, and saw something out of place on the graveled roof: a black and white screw driver.

Prosecutors alleged that Robinson shot Kirk with a Mauser .30-06 rifle from the roof of the Losee Center and made his getaway by blending in with the chaotic crowd.

Police investigators have said the shot that killed Kirk was fired about 200 feet from where Kirk was speaking.

Reasonable grounds needed for judge hold defendant over for trial

Prosecutors need only to demonstrate that there are reasonable grounds to warrant a trial for Robinson. If Graf orders Robinson to proceed to trial, prosecutors must then prove beyond a reasonable doubt at a trial that the defendant is guilty of killing the 31-year-old Kirk.

Kirk's security team immediately carried him to a vehicle and rushed him to a hospital, where he was pronounced dead.

Robinson allegedly fled the scene on foot, prompting a massive manhunt. He surrendered to authorities on the night of Sept. 11, 2025, after his father contacted law enforcement officials and told them he recognized his son in photographs of the suspect released by authorities, officials said.

According to court documents, Robinson allegedly confessed in a note left 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."

On the day of the shooting, Robinson allegedly sent his boyfriend a text message that said, "Drop what you are doing, look under my keyboard," Utah County Attorney Jeff Gray said at a news conference following Robinson's arrest.

Robinson's boyfriend told police that he found a handwritten letter under the keyboard, according to Gray, who said the note read in part, "If you are reading this per my text, then I am so sorry. I left the house this morning on a mission, and set an auto text."

Gray said Robinson allegedly sent another message to his boyfriend, writing of Kirk, "I had enough of his hatred. Some hate can't be negotiated out."

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