The murder case against the young man accused of assassinating conservative activist Charlie Kirk last year is headed for trial, and the defendant could face the death penalty if he's convicted.
Tony Graf Utah District Judge on Tuesday, September 1, sided with prosecutors who said they had "overwhelming" evidence that suspect Tyler Robinson shot Kirk once in the neck as the ally of President Donald Trump spoke to a crowd of thousands last September in Orem, Utah.
Robinson's lawyers tried to block a trial, arguing that prosecutors failed to give enough evidence to show Kirk's shooting endangered people around him. That's an aggravating factor under the law that makes Robinson eligible for the death penalty.
Prosecutors said Robinson shot Kirk from a rooftop more than 400 feet (122 meters) away and could have easily missed, injuring or killing other people.
A key factor in charging aggravated murder is whether the shooter knowingly created a risk of death to anyone else as he carried out the killing.
"These circumstances support a reasonable inference that defendant was aware that other individuals were positioned near Mr. Kirk when he fired," the judge said.
Graf had the option to send the case to trial on a lesser charge of murd£r, which carries a minimum sentence of 15 years and a maximum of life in prison, said Steve Burton, director of the Utah Defense Attorney Association.
The hearing on Tuesday in state court came after prosecutors in July spent five days presenting what they said was "overwhelming" evidence that Tyler Robinson killed the conservative activist while he was speaking at an open-air event on a college campus.
The 23-year-old defendant turned himself in a day after the shooting at Utah Valley University last September.