Nearly one year after Charlie Kirk was assassinated in front of a crowd at Utah Valley University, the criminal case against the man accused of killing him has reached its biggest decision yet.

Tyler Robinson returned to a Provo courtroom Tuesday as prosecutors and defense attorneys delivered closing arguments in his preliminary hearing.

Judge Tony Graf Jr. must now decide whether the state has shown enough probable cause to send Robinson to trial on aggravated murder and related charges.

That decision will also determine whether the prosecution’s death-penalty theory remains alive.

The legal standard at this stage is far lower than the standard required for a conviction. Graf is not being asked to decide Robinson’s guilt.

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He is deciding whether the prosecution presented enough evidence for the case to go before a jury.

Fox News reported that the argument centers on the aggravated-murder charge and the state’s claim that the alleged shot created a great risk of death to people other than Kirk.

Prosecutors say Robinson fired from an elevated position toward a crowded outdoor event, exposing people around Kirk to deadly danger. The defense argues that one shot passed over the crowd, struck the intended target and did not put anyone else in the legally required zone of danger.

That distinction carries enormous consequences. If the judge finds probable cause for aggravated murder, the capital case can advance with the death penalty still available.

Graf could instead bind Robinson over on a lesser murder charge or dismiss charges, although prosecutors could seek to refile them.

If the case advances, Robinson could also be arraigned and asked to enter a plea for the first time. He is accused of the crime and has not been convicted.

The case is not arriving at this moment on a thin record.

The Utah County Attorney’s Office said Tuesday’s proceeding was scheduled specifically for oral argument over whether the prosecution demonstrated probable cause. The office has emphasized that a preliminary hearing does not decide guilt.

The state carries the burden of showing evidence sufficient to support a reasonable belief that an offense was committed and that the defendant committed it.

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Prosecutors spent five days in July presenting surveillance footage, forensic testing, witness accounts and digital evidence. They have characterized that evidence as overwhelming.

Robinson’s attorneys have challenged important pieces of that case, including the strength of the forensic evidence and whether the alleged shot legally endangered anyone beyond Kirk. Their arguments are aimed both at stopping the case from advancing and at removing the aggravating factor that makes death a possible sentence.

The state’s own charging document lays out seven counts. They include aggravated murder, felony discharge of a firearm causing serious bodily injury, two obstruction charges, two witness-tampering charges and a misdemeanor alleging a violent offense was committed in the presence of a child.

The document alleges that Robinson intentionally or knowingly caused Kirk’s death and created a great risk of death to another person. It also alleges that Kirk was selected because of Robinson’s perception of Kirk’s political expression.

Those are allegations the state must ultimately prove in court. Tuesday’s question is whether prosecutors have cleared the much lower threshold required to continue.

Kirk’s parents arrived at the courthouse under heavy security. His widow, Erika Kirk, was also expected in court for a proceeding that comes just days before the first anniversary of his death.

The Associated Press reported that investigators previously presented DNA analysis they said linked Robinson to the suspected murder weapon and a tool allegedly used to engrave cartridges.

Prosecutors have also pointed to a handwritten note and electronic messages they say show planning, political motive and admissions after the shooting.

The suspected weapon is a bolt-action .30-06 rifle recovered near the Utah Valley University campus with one spent round. Investigators testified that DNA testing connected Robinson to the rifle and to a tool allegedly used to engrave cartridges.

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Robinson surrendered the day after the shooting following a manhunt that lasted roughly 33 hours. Prosecutors say he later posted that he was responsible in an online chat room, while his former romantic partner told investigators that Robinson expressed regret after Kirk was killed.

The defense has challenged the reliability of the DNA analysis and the way prosecutors characterize the recorded interview. It has not entered a plea or offered an alternative account of who killed Kirk, focusing instead on whether the state’s evidence and legal theory are sufficient to reach trial.

The defense has disputed the reliability and legal significance of parts of that evidence. It has also argued that the political-targeting allegation is not supported strongly enough and that the state cannot turn a single shot at one person into the aggravating circumstance required for capital murder.

Now the testimony is finished. The written briefs are in.

The closing arguments are being made.

What happens next belongs to Judge Graf: aggravated murder and a possible death-penalty trial, a lesser charge, or a ruling that forces prosecutors to reconsider how they move forward.

For Charlie Kirk’s family, and for millions of Americans who watched the assassination and its aftermath unfold, Tuesday is the day the case either moves toward a jury or changes course.

This is a Guest Post from our friends over at WLTReport. View the original article here.

 

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