Utah prosecutors began presenting their case against Tyler James Robinson in the killing of Charlie Kirk on Monday, as part of a five-day preliminary hearing to determine whether there is enough evidence to proceed to trial.
Dozens of exhibits are expected to be presented over the week to state district judge Tony Graf, including several videos of the 10 September shooting, which occurred as the far-right commentator spoke to large crowds at Utah Valley University last year.
Prosecutors are seeking the death penalty against Robinson, the 23-year-old who is accused of fatally shooting Kirk, and who has been charged with aggravated murder. They have claimed there is DNA evidence that links Robinson to the weapon believed to be used in the killing, and say Robinson allegedly confessed to the assassination in a note he left his roommate and romantic partner.
Prosecutors were also expected to argue that the shooting placed other people at the event in danger, which would amount to an aggravating circumstance that could make the crime eligible for the death penalty.
Robinson’s attorneys have not yet entered a plea in the case, but have worked, so far unsuccessfully, to get the death penalty taken off the table.
Two witnesses were brought to the stand on day one: former Utah Valley University officer Christopher Bagley, and former Utah state bureau of investigation agent David Hull.
Bagley described the moments leading up to the shooting, and hearing a loud gunshot.
“Everybody kind of got up. A lot of people were screaming and starting to run in all different directions,” Bagley told the court.
Bagley searched for additional victims, but finding none, moved to contain the scene to preserve evidence, he said. Police initially believed they had the shooter in custody.
After observing that a nearby building had a direct line of sight to where Kirk was speaking at the time he was shot, Bagley said he went to the building’s rooftop where he saw evidence that he believed indicated a sniper had been there, including a “disturbance” in the gravel.
His body camera stopped recording while he was on the roof, he said. “I think my battery died. I don’t know,” Bagley said on the stand.
He said he did not find any spent casings there and did not return to the roof after charging his body camera.
Bagley also said there were six officers working the event, attended by thousands of people, and that there were no drones or metal detectors used for security.
Hull, the SBI agent, said hundreds of hours of video were reviewed by investigators as they sought to track the suspect’s movements. They used university surveillance footage and Ring home security video, captured from the doorway of a nearby home, along with cellphone videos of the incident shared by the public.
During the first day of the hearing, questions arose about whether particular graphic videos could be played in court and if they were admissible, because the people who captured them were not in court to testify.
Videos flooded the internet in the moments and days after the shooting. Robinson’s defense argued that some video being introduced into evidence by the prosecution may have been altered.
While Judge Graf allowed some videos to be admitted, even without those who captured them in court, he declined to admit a video exhibit which included several clips from different sources put together. “In this type of case I want to be thorough,” he told the parties during the hearing, explaining why he sustained the objection from the defense. “What is minor is still important.”
Unlike the more definitive proof required to return a guilty verdict, the bar for moving a case to trial is much lower, and legal experts believe prosecutors will be able to clear it. “This standard is extremely low, and the chances of them not getting through it are, quite frankly, almost nothing,” Mark Kouris, who was a prosecutor and state judge in Salt Lake City, told the Associated Press.
The hearing will resume on Tuesday, with Hull returning to the stand to continue testifying.
Kirk’s parents and widow, Erika, arrived separately at the courthouse shortly before the hearing was scheduled to start on Monday. It was the first time Kirk’s family was in the courtroom with his accused killer. Donald Trump Jr was reportedly with them in court.
“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,” a joint statement from his parents, sister and widow, issued before the hearing on Monday morning 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.”
Kirk’s family members left the courtroom shortly after the first witness began speaking.
The Associated Press contributed reporting
