CHARLIE KIRK MURDER CASE GOES TO TRIAL: Tyler Robinson faces the possibility of the death penalty if found guilty!

Tyler Robinson, who is accused of killing conservative political activist and commentator Charlie Kirk in Utah last September, will stand trial, among other charges, for aggravated [murder], Judge Toni Graf ruled yesterday. If found guilty, Robinson faces the [death penalty].***

A five-day preliminary hearing was held in July at the District Court in Provo, Utah, during which the judge was tasked with determining whether the charges against Robinson were justified, CNN reports.

During a preliminary hearing, the prosecution is required to establish probable cause, meaning a reasonable belief that a crime was committed and that the defendant is responsible for it. To do so, prosecutors do not have to present all of their evidence, but only enough evidence to establish probable cause.

After both sides present their arguments, the judge decides whether the charges will be upheld and the case sent to trial. If the judge determines that there is no probable cause for some or all of the charges, those specific charges or the entire case may be dismissed.

In Tyler Robinson’s case, the judge sided with the prosecution, which said it had a “mountain of evidence” that the defendant, Tyler Robinson, fatally wounded Charlie Kirk in front of several thousand people at Utah Valley University.

Following Graf’s decision, Robinson pleaded not guilty to every count of the indictment, including aggravated murder.

The 23-year-old surrendered the day after the shooting, and his attorneys did not offer an alternative explanation for Kirk’s death.

The defense team attempted to prevent the trial from taking place or, at the very least, to rule out the possibility of the death penalty, arguing that the prosecution had failed to prove that the shooting of Kirk placed other people nearby at risk of death.

That is an aggravating circumstance under Utah law that could result in Robinson being sentenced to death.

Aggravated murder is not the same as premeditated murder, murder under mitigating circumstances/negligent homicide, or involuntary manslaughter.

It refers to an intentional killing accompanied by certain aggravating circumstances, such as the murder of a police officer, multiple victims, or a killing committed during the commission of certain other serious crimes.

Tyler Robinson’s defense attempted to prove that this was not the case here.

Stacey Weiser, Robinson’s attorney, argued that the prosecution was attempting to “shoehorn” the case into Utah’s aggravated murder statute, the AP reports.

Previous case law required the prosecution to prove that there was a high probability — rather than merely a possibility — that other people could also have been killed, she pointed out.

Kirk was sitting on an elevated stage and was not directly next to other people when he was struck once in the neck, she said.

“There is one shot. There is one bullet. There is one victim. There is no evidence that any action was directed at other people,” she argued.

Graf had the option of sending the case to trial on the lesser charge of murder, which carries a minimum sentence of 15 years in prison and a maximum of life imprisonment.

He said his decision to approve the aggravated murder charge was based, among other things, on the positions of several people in and around the tent where Kirk was speaking.

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The prosecution said Robinson shot Kirk from a rooftop more than 122 meters away, knowing that he could miss and kill other people at the outdoor event.

“Tyler James Robinson shot and killed Charlie Kirk because he disagreed with him, and he did so by firing a high-powered rifle into a crowd of more than 3,000 people, thereby creating a substantial risk of death that should have been obvious to anyone,” said Ryan McBride, a prosecutor from the Utah County District Attorney’s Office.

The defense also attempted to challenge other counts in the indictment, such as witness tampering.

Robinson is accused of influencing his roommate/boyfriend by sending him a message telling him to “say nothing and get a lawyer.” The defense argued that the rights to remain silent and to have an attorney are guaranteed by the Constitution.

However, Judge Toni Graf ruled that Robinson will stand trial on all counts of the indictment: aggravated murder, a felony involving the discharge of a firearm causing serious bodily injury, obstruction of justice (two counts), witness tampering (two counts), and a violent offense committed in the presence of a child.

Charlie Kirk’s family said that the judge’s decision that Tyler Robinson will stand trial is “an important step in the family’s pursuit of justice.”