SALT LAKE CITY – A 22-year-old man from Utah, accused of murdering conservative figure Charlie Kirk, is scheduled to appear in court on Friday. His legal team aims to remove the current prosecutors from the case due to a purported conflict of interest.

Tyler Robinson faces charges of aggravated murder following the fatal shooting of Kirk on September 10 at the Utah Valley University campus in Orem, located a short distance from Provo’s courthouse. The Utah County Attorney’s Office has indicated their intention to pursue the death penalty if Robinson is found guilty, although he has yet to enter a plea.

Documents reveal that an 18-year-old, related to a deputy county attorney, was present at the campus event where Kirk was shot. This individual, whose identity remains confidential in court records, subsequently communicated with their parent in the Utah County Attorney’s Office, recounting the tumultuous scene of the incident.

The defense argues that this familial connection constitutes a conflict of interest, potentially compromising prosecutorial decisions in the case, as highlighted in court papers. They further contend that the swift move to seek the death penalty against Robinson reflects “emotional bias,” warranting the disqualification of the prosecutorial team.

Thousands gathered at the outdoor rally where Kirk, a founder of Turning Point USA known for rallying young voters for former President Donald Trump, was shot while interacting with the audience. According to an affidavit from prosecutors, the relative of the deputy county attorney did not witness the shooting.

In the affidavit, the youth recalls, “While the second person in line was speaking with Charlie, I was scanning the crowd when I suddenly heard something like a pop. Someone shouted, ‘he’s been shot.’”

The child later texted a family group chat to say “CHARLIE GOT SHOT.” In the aftermath of the shooting, the child did not miss classes or other activities, and reported no lasting trauma “aside from being scared at the time,” the affidavit said.

Prosecutors have asked District Judge Tony Graf to deny the disqualification request.

“Under these circumstances, there is virtually no risk, let alone a significant risk, that it would arouse such emotions in any father-prosecutor as to render him unable to fairly prosecute the case,” Utah County Attorney Jeffrey Gray said in a filing.

Gray also said the child was “neither a material witness nor a victim in the case” and that “nearly everything” the person knows about the actual homicide is mere hearsay.

The Associated Press left email and telephone messages for Robinson’s defense attorney, Kathryn Nester.

Prosecutors have said text messages and DNA evidence connect Robinson to the killing. Robinson reportedly texted his romantic partner that he targeted Kirk because he “had enough of his hatred.”

At recent hearings, Robinson’s legal team has pushed to limit media access in the high-profile case. Graf has prohibited media from publishing photos, videos and live broadcasts that show Robinson’s restraints to help protect his presumption of innocence before a trial.

The judge has not ruled on a suggestion by the defense to ban cameras in the courtroom.

Prosecutors are expected to lay out their case against Robinson at a preliminary hearing scheduled to begin May 18.

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Brown reported from Billings, Montana.