Charlie Kirk Murder Case Has an Unusual Death Penalty Problem, Attorney Says

The prosecution may have a strong murder case against Tyler Robinson, accused of killing Charlie Kirk, but its theory of a carefully targeted single shot could complicate the attempt to secure the death penalty. Read on to find out what a Utah attorney thinks.

The Anniversary

On Saturday, Brian Entin spoke with Utah attorney Clayton Simms on his Brian Entin Investigates podcast.

Entin explained that he was on the Utah Valley University campus for a memorial marking the first anniversary of the shooting of Charlie Kirk.

He also reminded viewers that the judge recently allowed the aggravated murder charge, and the possibility of the death penalty, to remain in the case.

Attorney Says Death Penalty Case Is Weak

Speaking about the potential death penalty for Tyler Robinson, Entin said, “What’s interesting is that the reason for the death penalty is unusual.”

He also noted that “it has to do with Tyler Robinson allegedly putting other people at risk,” which could complicate the prosecution’s effort to secure the death penalty.

Simms said, “They have a strong murder case, but they don’t have a strong death penalty case.”

He explained that prosecutors argue Robinson deliberately targeted Kirk and shot him from a considerable distance.

Why Prosecutors Say Others Were at Risk

The duo discussed the prosecution’s push for the death penalty based on the alleged risk of death to people other than Kirk.

Clayton Simms explained that prosecutors have a strong argument that Robinson “targeted Charlie Kirk,” and have presented evidence that he was focused on Kirk.

However, in Simms’ opinion, “the stronger they make their murder case, the weaker their case is that he would injure other people.”

The defense sees it differently. Robinson allegedly fired one shot at Kirk, his intended target, and nobody else was injured. That, they argue, makes the prosecution’s claim that he knowingly put other people at serious risk harder to prove.

CBS News reported that Judge Tony Graf ruled that the state could proceed to trial on a charge of aggravated murder. “If convicted, Robinson could face the death penalty, life in prison without parole, or 25 years to life in prison with the possibility of parole.”

However, the ruling did not mean that prosecutors had proved Robinson’s guilt beyond a reasonable doubt.

Death Penalty and a Plea Bargain

Brian Entin then turned the conversation to the possibility of a plea deal. Noting that the judge had allowed the death penalty to remain a possibility, he asked, “What do you think is going to happen next? … Could they use that as a bargaining chip … for a plea deal?”

While no plea deal has been reported, Simms believes keeping the death penalty on the table gives prosecutors leverage. He explained that a plea bargain could look more attractive to the defense “if you can just remain alive, spend the rest of your life in prison.”

In his opinion, keeping the death penalty on the table as leverage “is attractive, although it’s somewhat weak in terms of death penalty cases.”

However, Simms said, “I don’t think that they would want to go to trial with the level of evidence that they have.”

Could Erika Kirk’s Position Matter?

Entin raised the point that Charlie Kirk’s widow, Erika Kirk, has not publicly pushed for Tyler Robinson to face execution.

When it comes to Kirk’s family, Simms explained that the attitude of a victim’s family can influence prosecutors.

He believes that if Erika Kirk continues not to push for the death penalty, her position could give prosecutors “political cover” to consider a plea deal.

Simms also pointed out that “a death penalty process, the trial, the appeals, all of that” can take years, repeatedly putting the family through the case.

Notably, that is Simms’ opinion and is not based on anything prosecutors or Erika Kirk have said publicly.

What Happens Next

The Guardian reported that Tyler Robinson entered a not guilty plea and that the death penalty remains a possibility.

The trial has not yet been given a start date, but once proceedings begin, prosecutors will have the opportunity to present their case as they seek to prove Robinson committed aggravated murder against Charlie Kirk.

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