Judge to decide if Charlie Kirk murder case goes to trial

Prosecutors opened a five-day preliminary hearing Monday in Provo, asking Fourth District Judge Tony Graf to find reasonable grounds that Tyler Robinson killed Charlie Kirk and to send the case toward trial. Robinson, 23, is charged with aggravated murder in the Sept. 10 shooting at Utah Valley University in Orem, and the state is seeking the death penalty.

The hearing put Kirk’s widow, Erika Kirk, and his parents, Robert and Kathryn Kirk, in the same Utah courtroom with the defendant for the first time. The proceedings were livestreamed, and Graf allowed reporters and the public to attend after rejecting a defense push to close the hearing, though he also set limits on devices inside the courtroom.

Graf is not deciding guilt or innocence at this stage. He is deciding whether prosecutors have enough evidence to hold Robinson over for trial, a standard lower than proof beyond a reasonable doubt. Prosecutors plan to rely on DNA evidence, witness statements, autopsy findings, surveillance video and recordings tied to the shooting. They also can use reliable hearsay during the hearing, which lets them rely on recorded testimony from Robinson’s roommate, Lance Twiggs, instead of live testimony.

The state’s filings state that Robinson left a note saying he had the chance to kill Kirk and would do it, and that he texted his roommate that he targeted Kirk because he had “had enough of his hatred.” If Graf finds probable cause, the case moves into a full trial, where prosecutors would have to prove the charge beyond a reasonable doubt and the defense can test the evidence before a jury.