Tyler Robinson Rarely Hit Bullseye in Practice, Put Bystanders at Risk in Kirk Shooting, Prosecutors Say

Tyler Robinson, the man accused of killing Charlie Kirk, was not a consistently accurate shooter with the alleged murder weapon, Utah prosecutors said, claiming he “seldom hit the bullseye and sometimes missed the target completely” during practice. The argument came as prosecutors pushed back against a defense bid to remove the possibility of the death penalty before the case reaches trial.

Prosecutors are seeking to show that Robinson knowingly endangered others when, from a rooftop, he allegedly fired toward a packed campus crowd numbering in the thousands. Kirk had been answering audience questions from a small stage in a courtyard when he was struck in the neck.

Robinson’s attorneys previously countered that the fatal round was fired from above the crowd and did not pass through it. They emphasized that only one shot was fired, that it hit the intended target, and that no bystanders were wounded.

To pursue capital punishment, prosecutors must establish an aggravating factor at trial. In this case, they allege the shooting created a serious risk of death to people beyond Kirk — and that Robinson was aware of that risk.

The defense is asking the court to strike that aggravating factor before trial. If granted, the move would take a potential death sentence off the table should Robinson be convicted.

The allegations came in a reply made public Tuesday, in answer to the defense team’s earlier brief. The filings come in the wake of a week-long preliminary hearing in early July aimed at determining whether there is enough probable cause to send the case to trial. Judge Tony Graf Jr. has said he would issue a final decision on Sept. 1.

Read the filing:

Prosecutors told Graf that not only should Robinson’s case be sent to trial — but also that the defendant’s legal team “violated their ethical duty of candor to the Court” by ignoring basic case law in how evidence should be evaluated at the preliminary hearing stage.

When drawing inferences, prosecutors wrote, the magistrate — the jurist overseeing the preliminary — “must” draw all reasonable ones in the state’s favor.

Simply put, Graf could infer that shooting someone on the other side of a large crowd could put bystanders at risk of being hit, as prosecutors have alleged.

Robinson has not yet entered a plea.

He is accused of driving from his home in southern Utah to Orem and fatally shooting Kirk during a Turning Point USA event at Utah Valley University in September 2025, then confessing to several people before surrendering to authorities in his hometown.