Defendant Tyler Robinson's lawyers said the bullet travelled above the crowd and prosecutors have not proven that he knew others who attended Kirk's event at Utah Valley University on September 10, 2025 were in danger — a potentially aggravating factor under state law that would make it a capital crime.
"The only evidence presented supports that the bullet travelled above, not through, the crowd," defence lawyers wrote in documents filed on Tuesday as the defence tries to block the case from proceeding to trial.
The defence lawyers also disputed claims that Robinson targeted Kirk over his political views.
Prosecutors allege Robinson told his roommate that he killed the activist because he "had enough of his hatred".
But the defence said that was not enough to prove what motivated Robinson, after searches of his apartment, computers and telephone failed to produce anything beyond that one statement.
Prosecutors in July presented what they call "overwhelming" evidence against Robinson, including DNA tests that tie him to the suspected murder weapon and apparent confessions by the defendant.
His defence lawyers during that hearing questioned the reliability of the prosecution's evidence, but they didn't offer any alternative theories for Kirk's assassination. The defence made no mention of DNA in Tuesday's filing.
Robinson has not yet entered a plea in the case. He turned himself in a day after Kirk was killed.
His defence lawyers previously tried to get the death penalty taken off the table after prosecutors were found to be in contempt of court for talking about the case to the media. State District Judge Tony Graf rejected that request.
Prosecutors have until Tuesday to respond to the defence arguments. The Associated Press left telephone and email messages with the Utah County Attorney's Office seeking comment.
In documents filed in July, prosecutors said the fact that Robinson loaded his rifle with four bullets showed that he knew he could miss Kirk, "thereby putting others in danger".
But defence lawyers said "it is just as likely that the shooter did not believe he would miss".
Robinson faces possible sentence enhancements if prosecutors can prove he targeted Kirk because of his political views. They contend Kirk's strong opposition to same-sex marriage and gender transitioning stood in contrast to Robinson, who was in a romantic relationship with a roommate, Lance Twiggs.
Twiggs told investigators that he had been considering transitioning around the time that Kirk was killed, according to prosecutors.
Twiggs also told investigators that Robinson sometimes talked about politics, including President Donald Trump. But Twiggs said he never heard Robinson talk about Kirk before the shooting. The defendant also did not talk much about gender issues or LGBTQI rights, Twiggs said.
The AP emailed Twiggs' lawyer seeking comment.
Closing arguments in the preliminary hearing are scheduled for September 1. Graf will then decide if the case can go to trial and on what charges.
