Salt Lake City — Prosecutors in Charlie Kirk's killing pointed Tuesday to an engraved bullet, arguing that the inscription "Hey Facist! CATCH!" demonstrates that Kirk was targeted for how the defendant perceived his politics.
Whether defendant Tyler Robinson acted out of political animus could be key for prosecutors seeking the death penalty — or for his attorneys in taking that punishment off the table.
The prosecution and defense have filed dueling documents focused on whether the crime included aggravating factors that would make Robinson eligible for the death penalty if convicted. Those include political targeting and whether the shooting endangered thousands of others who attended Kirk's Sept. 10 event at Utah Valley University.
Robinson is charged with crimes including aggravated murder and has not yet entered a plea. The 23-year-old defendant turned himself in a day after the shooting.
The latest batch of court documents follows a five-day preliminary hearing in July in which prosecutors presented what Kirk's family described as "overwhelming" evidence against Robinson, while defense attorneys worked to sow doubt about analysts' findings.
After the hearing, Kirk's family said in a statement that "as difficult as these last few days have been, it brings our family comfort to know that the world has witnessed the overwhelming evidence of what occurred to Charlie that day. Nothing will ever undo the loss of our beloved Charlie. As this case moves into its next phase, we pray that truth will continue to be heard through a process that is fair, transparent, and grounded in the facts."
Judge Tony Graf said he will decide if the case should advance to trial after he hears again from both sides on Sept. 1.
In a document filed late Tuesday, prosecutors argued the engraved bullet found in the suspected murder weapon was an "overt political reference." They also noted that Robinson allegedly wrote in a text message about Kirk: "I had enough of his hatred. Some hate can't be negotiated out."
Robinson's attorneys have argued that the text message is not strong enough evidence to prove a political motivation. They did not immediately respond to a request for comment on prosecutors' new filing.
Before his death, Kirk and the organization he co-founded, Turning Point USA, galvanized the conservative youth vote to help President Trump win a second term.
Prosecutors contend Kirk's opposition to same-sex marriage and gender-affirming care stood in sharp contrast to Robinson, who was reportedly in a romantic relationship with his roommate, Lance Twiggs. Twiggs told investigators he had considered a gender transition around the time of Kirk's killing, according to prosecutors.
A handwritten note that prosecutors allege Robinson left for Twiggs read in part, "I had the opportunity to take out Charlie Kirk, and I took it."
In a recorded interview shown in court last month, Twiggs said he had never heard Robinson talk about Kirk before the shooting. Robinson also did not talk much about gender issues or LGBTQ+ rights, but he did sometimes talk about politics, including Mr. Trump, Twiggs told investigators.
The Associated Press emailed Twiggs' attorney seeking comment.
During the July hearing, investigators presented DNA analyses that they said linked Robinson to both the suspected murder weapon and a tool he allegedly used to engrave the bullet cartridges. Robinson's attorneys repeatedly questioned the reliability of DNA tests and other evidence.
Defense attorneys also have argued against a possible sentence enhancement for endangering others, saying the shooter "hit the intended target." Prosecutors said numerous people were within a "zone of danger" around Kirk when he was shot from a rooftop.