Utah Fourth Judicial District Court Judge Tony Graf has delayed his ruling on whether there’s enough evidence to bring Tyler Robinson to trial on charges of killing Arizona conservative leader Charlie Kirk.
Following a five-day preliminary hearing, Graf on Friday said he would make his decision after having prosecution and defense lawyers present oral arguments on Sept. 1 in the Provo, Utah, courtroom. That’s almost one year since Kirk, 31, was shot and killed before a crowd of up to 3,000 people at Utah Valley University. Kirk had a home in Scottsdale, Ariz., and his organization, Turning Point USA, is headquartered in Phoenix.
Robinson, 23, hasn’t entered his plea to the seven counts against him, six of which are felonies. They include aggravated murder and multiple counts of witness tampering and obstruction of justice. Utah County Attorney Jeff Gray has said he will seek the death penalty if Robinson is convicted of murder.
This week’s hearings were attended by Kirk’s widow, Erika Kirk, and his parents, Robert and Kathryn Kirk.
Witnesses included Robinson’s former roommate Lance Twiggs, who was seen during a video interview at Thursday’s hearing. During the interview, he told the prosecution that Robinson admitted to killing Charlie Kirk during their conversation and regretted the act. Prosecutors also are arguing that cellphone text messages between Robinson and Twiggs show Robinson confessing to the murder.
Jennifer Faumuina, a former agent with the Utah State Bureau of Investigation, testified Thursday that the alleged murder weapon, a rifle with a mounted scope, was found wrapped in a towel in a wooded area near the university campus.
On Friday, Graf denied the defense team’s motion to exclude cameras from the courtroom, but the judge agreed to block media from showing images of courtroom exhibits. Graf later clarified that audio could still be broadcast as exhibits are discussed.
Also on Friday, the defense team called its final witness, forensic biologist Caitlin Oliver, in an effort to show the limitations of DNA evidence. Under questioning by attorney Michael Burt, Oliver, who works at the Bureau of Alcohol, Tobacco, Firearms and Explosives, confirmed the defense team’s contentions.