Attorney says Charlie Kirk shooter could face death penalty in state and federal court

SALT LAKE CITY (ABC4) — With the Charlie Kirk shooting suspect, Tyler Robinson, in custody, the Utah County Attorney’s office plans to file charges on Tuesday.  One Utah attorney says Robinson could face the death penalty in both state and federal courts.  

“I would be very, very surprised if the death penalty was not sought,” Utah attorney Clayton Simms told ABC4’s Kade Garner.  

The probable cause affidavit shows that the 22-year-old was booked into the Utah County Jail under suspicion of aggravated murder, felony discharge of a firearm – causing serious bodily injury and obstruction of justice – capital/felony conduct.  

The Utah County Attorney’s Office has until Tuesday to officially file charges against Robinson. A spokesperson for the attorney’s office said charges will be filed on Tuesday and a press conference will be held that afternoon. The attorney’s office is going through all the evidence provided by police so far to determine the appropriate charges.  

Simms said the district attorney will likely charge Robinson with aggravated murder. If convicted of this charge, Robinson could face the death penalty.  

“There has to be a number of factors,” Simms stated, referring to what leads to someone being charged with aggravated murder. “It’s not just an ordinary murder. There’d have to be cruel technique, or a particularly depraved manner, it could be multiple people or putting multiple peoples’ lives at risk.”  

The shooting of Charlie Kirk, he said, fits that criteria for a number of reasons like the planning behind it. “You planned what you wore that day, your getaway,” Simms added. “All those things were part of the planning. You blended in, maybe even the shirt you chose that had an American flag on it was designed to blend in with the crowd.”  

Photos from UVU surveillance footage and the FBI tipline helped identify the suspect, according to Governor Cox. (Courtesy: Department of Public Safety)

Along with aggravated murder, Simms said the crime also fits the criteria of domestic terrorism – a federal offense. 

He read the criteria aloud: “Ideologically motivated, violent criminal acts committed by individual or groups within the United States that intimidate the civilian population, influence government policy or affect government conduct through dangerous acts to human life, and do so without the influence of a foreign terrorist organization.”  

Simms also told ABC4 how long it could be before the case goes to trial. He replied: “I would say the earliest, theoretically, it could go would be two and a half years.” Simms explained that this is because of the large amount of evidence.

There is also no rush to go to trial, because if there are any mistakes made on the part of the prosecution, defense, or judge, the death penalty will be removed. So, everyone will be extra careful in their preparations.  

However, if the trial goes on with no issues and Robinson is convicted, what will come next? “There could be an execution. It could be in the federal system or the state system,” answered Simms.  

Robinson is scheduled to make his first court appearance on Tuesday afternoon.