Charlie Kirk's alleged killer's 5-day preliminary hearing is underway. Here's what to expect.
A former campus police officer testified Monday that he found an apparent "sniper pad" on a rooftop near where Charlie Kirk was assassinated, as prosecutors sought to convince a state judge they have enough evidence to put a Utah man on trial for murder.
Former Utah Valley University Officer Christopher Bagley said he witnessed Kirk's shooting as the conservative activist spoke to a crowd of thousands last year. Soon after, he went to a nearby gravel rooftop, where it appeared someone had been lying prone with a clear sightline to Kirk's location, Bagley said.
"It looks like a sniper pad," Bagley said, adding, "you've got markings of elbows, knees and feet."
The testimony came as Kirk's parents, Kathryn and Robert, and widow, Erika, were in the courtroom for the first time since the case began, along with Donald Trump Jr.
Prosecutors are seeking the death penalty for defendant Tyler Robinson. A five-day preliminary hearing that began Monday marks the most significant presentation of evidence to date in the case. The hearing will be livestreamed.
Robinson's parents were also present, sitting a few rows behind the Kirks as the hearing began. The 23-year-old defendant is charged with aggravated murder in the Sept. 10 assassination of Kirk, a conservative activist and ally of President Trump, at Utah Valley University. Robinson turned himself in the day after the shooting.
Prosecutors allege Robinson confessed in a note left for his roommate, who was also his romantic partner, that read: "I had the opportunity to take out Charlie Kirk and I'm going to take it."
Robinson has not yet entered a plea, and his attorneys have not commented on his guilt or innocence. They have, however, sought to get the death penalty taken off the table, so far unsuccessfully.
Robinson sat quietly between his attorneys on Monday, looking at the prosecution's exhibits on a monitor and occasionally taking notes. He wore a gray suit, and his wrists were shackled to a chain around his waist.
Kirk's parents and widow walked out of the courtroom when a police officer started testifying about Kirk's arrival on campus the day he was shot. They later returned.
During the hearing on Monday, Bagley said that shortly after the shooting last September, he ran up a public staircase to reach the roof of the Losee Center building, which he knew had a clear line of sight to the location where Kirk was sitting when he was shot.
On the roof, he spotted something "that looked out of place to me," Bagley said. It was a red-and-black screwdriver.
Bagley said he could see the right side of Kirk as the conservative activist spoke on campus.
Kirk was answering a question when Bagley heard a gunshot, he said, and chaos erupted. People got up and started running.
"I saw him go to the left ... I could no longer see the right side of his body," Bagley said. "Then everybody started getting up and started to run, more of a chaos situation."
Within a few moments, Bagley said he heard officers over the radio say that someone was in custody, so he began assessing the crowd for injuries. Then he began working to "preserve the crime scene," Bagley said.
He spotted a pistol holster that had been left on the ground, but knew that he had heard a rifle shot rather than a pistol shot, Bagley added.
Bagley said that on the day of the shooting, he got to work around 11 a.m., and his job was to secure an area near a campus building called the Hall of Flags.
Bagley used aerial drone photos to describe the layout, including whether there is a clear line of sight or view between different places on campus and the courtyard where Charlie Kirk was shot.
Defense attorney Kathryn Nester asked Bagley about finding the empty pistol holster on the ground after the crowd fled. Bagley acknowledged he never took custody of the holster and didn't know if it was fingerprinted.
Nester repeatedly objected to evidence introduced by prosecutors, but was overruled by the judge. Any evidence from this week's hearing would have to be reintroduced to be used at trial.
Kirk's family issues statement
Kirk's parents, Robert and Kathryn, his wife, Erika, and sister Mary issued a statement early Monday saying, "Charlie was a beloved husband, son, brother, friend, and father. Every court proceeding serves as a painful reminder of his death and the loss that has irrevocably impacted our lives and the lives of his children.
"We remain deeply grateful for the support, prayers, and kindness we have received. This outpouring has sustained us during the darkest days of our lives. Out of respect for the judicial process, we will not be commenting further at this time. We ask for continued privacy as we navigate this process and immense grief."
Witnesses said Kirk had just begun to debate someone about gun violence during an event at Utah Valley University when he was shot.
The alleged shooter was a third-year student at Utah's Dixie Technical College in the electrical apprenticeship program, the state Board of Higher Education said in a statement. He also attended Utah State University for one semester in 2021, CBS News previously reported. He is the oldest of three brothers. His father owns a business installing kitchen countertops and cabinets and his mother is a licensed social worker, according to public records and their social media accounts.
"Overwhelming case"
Months of legal jostling leading up to Robinson's hearing centered largely on media access. Beginning Monday, the focus shifted to whether there is enough evidence for a trial and if the death penalty is warranted, said Paul Cassell, a University of Utah law professor and former federal judge.
Cassell said evidence made public to date in court filings suggests prosecutors have "an overwhelming case."
"This seems like the proverbial slam dunk at this stage of the case, where the only issue is whether there is a sound basis for moving forward with a trial on the merits," he said.
A death sentence is an option in Utah only when a crime has aggravating circumstances. Capital punishment in Utah entails either lethal injection or a firing squad.
The proceeding resembles a minitrial, but prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk. The standard is lower than for a trial, where prosecutors must prove guilt "beyond a reasonable doubt."
Prosecutors as a result should have little trouble advancing their case, said Mark Kouris, a former prosecutor and state judge in Salt Lake City.
"This standard is extremely low and the chances of them not getting through it are, quite frankly, almost nothing," said Kouris, now an adjunct professor at the University of Utah's S.J. Quinney College of Law.
Prosecutors can use secondhand information, or hearsay, to help present their case. They expect to present between 40 and 50 exhibits during this week's hearing.
Chief Deputy Utah County Attorney Chad Grunander told state District Judge Tony Graf that the exhibits will include several videos of the Sept. 10 shooting, which occurred as Kirk was addressing a crowd of thousands at Utah Valley University. The videos will be shown on a courtroom monitor that is being set up so that it won't be captured by the press videographer in the courtroom, said Graf.
Prosecutors have said they plan to present DNA evidence linking Robinson to the suspected murder weapon, autopsy findings, witness statements and video of Kirk's killing. They are also expected to argue the shooting endangered others at Kirk's campus event — an aggravating circumstance that could make the crime punishable by death under Utah law.
Once the hearing is finished, Graf must determine whether there is enough evidence for the case to proceed to trial.
Reporters and the public will be allowed to attend after Graf denied a defense request to restrict access.
Robinson's roommate is not expected to testify in person during the hearing. Still, the roommate's recorded testimony could be a focal point for prosecutors.
In addition to the alleged confession note, Robinson reportedly texted his roommate that he targeted Kirk because he "had enough of his hatred," prosecutors have said.
Authorities have said DNA consistent with Robinson's was found on the trigger of the rifle used to kill Kirk, the fired cartridge casing, two unfired cartridges and a towel used to wrap the rifle.
Robinson's parents had confronted him after authorities released a surveillance photo of the suspect and details about the rifle, authorities have said. His parents convinced him to meet with a family friend, who is a retired sheriff's deputy, who reportedly helped arrange for Robinson to turn himself in.
Kirk's killing drew backlash from his Republican allies, including Mr. Trump, who first announced Robinson's arrest in a Sept. 12 interview on Fox News and said, "I hope he gets the death penalty."
Kirk and the organization he co-founded, Turning Point USA, galvanized the conservative youth vote to help Mr. Trump win a second term. At a Presidential Medal of Freedom award ceremony on what would have been Kirk's 32nd birthday, Mr. Trump credited the political activist with helping him win a greater share of the under-30 vote in the most recent presidential race.
Kirk's widow, Erika Kirk, said during his memorial service that she forgives Robinson.
Ahead of Monday's hearing, she thanked supporters in a statement posted to X for their kindness and prayers. She added that the public outpouring "has sustained us during the darkest days of our lives."
She is expected in court throughout the week with her husband's parents, according to a person familiar with the situation who spoke on condition of anonymity because they were not authorized to speak publicly.
At a December CBS News town hall, Erika Kirk was asked if she had any words for the accused killer.
"Nothing. I have nothing to say to you. Nothing," she said.
She added that there's a difference between forgiving someone and still wanting justice. "We serve a just God, and I rest easy in knowing that. He's sovereign, but he's just. And so let the Lord handle that."
