AILSA CHANG, HOST:
The man accused of shooting and killing conservative activist Charlie Kirk has been in a hearing in Utah most of today. A state judge is expected to rule soon on whether he will go to trial and, if so, what charges he would face at that point. Sean Higgins, with member station KUER in Salt Lake City, is here with more. Hi, Sean.
SEAN HIGGINS, BYLINE: Hi, Ailsa.
CHANG: Hi. OK, so most people remember this, but Kirk, of course, was killed while speaking at Utah Valley University in Orem last September. And the person accused of shooting Kirk is Tyler Robinson, who's been in jail since he turned himself in shortly after that shooting. What charges does Tyler Robinson currently face?
HIGGINS: So Robinson has been charged with seven counts in total, and that includes an aggravated murder charge that does carry the death penalty. For that to stick, prosecutors have to show that Robinson knowingly endangered other people in the crowd when he allegedly shot and killed Kirk. Here's prosecutor Ryan McBride.
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RYAN MCBRIDE: On September 10, 2025, the defendant, Tyler James Robinson, shot and killed Charlie Kirk because he disagreed with him. And he did it by firing a high-powered rifle into a group of thousands who surrounded Charlie Kirk literally on all sides. We'd ask the court to bind over the defendant on all charges.
CHANG: And the defense is arguing that Robinson should not face that aggravated murder charge, yes?
HIGGINS: Yes, this is what the defense is really pushing back on. A lesser murder charge here in Utah would take the death penalty off the table. For instance, they say the bullet that killed Kirk did not endanger anyone else because it traveled above the crowd and not through it. Defense attorney Staci Visser was very strong in making this argument.
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STACI VISSER: There is zero evidence that there was any action taken towards other people. Zero evidence.
CHANG: Wait, so it sounds like the defense is not denying that Robinson indeed was the shooter, right?
HIGGINS: You know, Ailsa, it certainly sounds that way. And it's important to say, though, that Robinson has not admitted guilt here. He has not entered any pleas yet. But today, the defense has spent a lot of time arguing that the enhanced charges prosecutors would want applied should not be applied because there's no evidence the shooter knowingly put people beside Charlie Kirk at risk or targeted Kirk because of his political beliefs.
And the defense, I do have to say, is also up against a lot of evidence from prosecutors that they allege links Robinson to Kirk's death. There's video surveillance from the day of the shooting that prosecutors say shows Robinson arriving at Utah Valley University, moving across the rooftop where Kirk was shot from and ultimately escaping campus. DNA evidence also links Robinson to the rifle that was allegedly used to kill Kirk. There are messages between Robinson and his romantic partner that prosecutors say amounts to a confession. And there's just the fact that Robinson turned himself into police the day after the shooting.
CHANG: All right. OK, so this hearing is ongoing. When is it expected to end today?
HIGGINS: Yes, it's still ongoing. We're expecting to - the prosecution and the defense are getting close to the end of their arguments as we speak right now. After that, Judge Tony Graf has said he'd take about an hour break. After that, we expect him to rule from the bench on what charges Robinson will face. No guarantee he will do that, though. If Judge Graf decides to move to trial, charges will be entered, and Robinson could enter a plea, and a trial date could be set.
CHANG: All right, you and I will likely talk again today. That is KUER's Sean Higgins in Salt Lake City. Thank you, Sean.
HIGGINS: Thank you, Ailsa. Transcript provided by NPR, Copyright NPR.
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