The man charged with killing conservative activist Charlie Kirk should not face the death penalty because the shooter "hit the intended target" and did not endanger anyone else, his lawyers argued.
Attorneys for defendant Tyler Robinson said in court filings that the bullet traveled above a crowd of several thousand people at Utah Valley University on Sept. 10 and that "there were no threats to others."
Whether the shooting endangered other people is a key issue in the case. Prosecutors have cited the potential risk to bystanders as an aggravating factor under Utah law that allows Kirk's killing to be prosecuted as a capital offense.
"The only evidence presented supports that the bullet traveled above, not through, the crowd," Robinson's defense attorneys wrote in documents filed late Tuesday as they seek to prevent the case from going to trial.
Prosecutors, however, have argued that numerous people were within a "zone of danger" surrounding Kirk, meaning a stray or ricocheting bullet could have struck someone standing near him.
The defense lawyers also disputed claims that Robinson targeted Kirk over his political views. Prosecutors allege Robinson told his roommate that he killed the activist because he "had enough of his hatred." But the defense said that was not enough to establish Robinson's motive after searches of his apartment, computers and telephone failed to produce anything beyond that one statement.
During a weeklong hearing last month, prosecutors presented what they called "overwhelming" evidence against Robinson, including DNA tests that they said tied him to the suspected murder weapon and apparent confessions by the defendant.
His attorneys questioned the reliability of the DNA tests and other evidence. They did not offer any alternative theories for Kirk's killing and made no mention of DNA in Tuesday's filing.
Robinson is charged with aggravated murder and has not yet entered a plea. He turned himself in a day after Kirk was killed.
His defense attorneys previously sought to have the death penalty removed from consideration after prosecutors were found in contempt of court for discussing the case with the media. State District Judge Tony Graf rejected that request.
In documents filed last month, prosecutors said the fact that Robinson loaded his rifle with four bullets showed that he knew he could miss Kirk, "thereby putting others in danger."
But defense attorneys said, "it is just as likely that the shooter did not believe he would miss."
Robinson faces possible sentence enhancements if prosecutors can prove he targeted Kirk because of his politics. They contend that Kirk's strong opposition to same-sex marriage and gender transition stood in contrast to Robinson, who was in a romantic relationship with a roommate, Lance Twiggs. Twiggs told investigators that he had been considering transitioning around the time Kirk was killed, according to prosecutors.
Twiggs also told investigators that Robinson sometimes talked about politics, including President Donald Trump. Yet Twiggs said he never heard Robinson talk about Kirk before the shooting. The defendant also did not talk much about gender issues, Twiggs said. The Associated Press (AP) emailed Twiggs' attorney seeking comment.
Closing arguments in the preliminary hearing are scheduled for Sept. 1. Graf will then decide whether the case can go to trial and, if so, on what charges. Lawyers for Kirk's family have asked Graf to make his decision by Sept. 1 so the case can proceed.
Prosecutors have until Aug. 18 to respond to the latest defense arguments. The Associated Press left telephone and email messages with the Utah County Attorney's Office seeking comment.
Preliminary hearings typically do not last this long. Legal experts said the slow pace reflects a cautious approach by Graf, the large volume of evidence and prosecutors' desire to disprove conspiracy theories surrounding the case.