Investigator says video shows defendant going onto roof to kill Charlie Kirk

Prosecutors say they intend to seek the death penalty in the case. They are trying to convince Judge Tony Graf that they have enough evidence to bring Robinson to trial on an aggravated murder charge.

Robinson has not yet entered a plea. 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.

In a video shown Tuesday, Robinson goes over a railing onto a rooftop, crouches down and runs to a site overlooking where Kirk was speaking, Hull testified. After the shooting, Robinson runs back across the roof, drops to the ground and flees on foot, Hull said.

Investigators later found the suspected murder weapon — a bolt-action rifle with one spent round — wrapped in a towel in some nearby woods. Later that night, a police offer again spotted Robinson in the campus area, Hull testified.

This week's preliminary hearing marks the most significant presentation of evidence to date in the case. Authorities allege Robinson, 23, shot Kirk on Sept. 10 while the 31-year-old activist and ally of President Donald Trump was speaking to a crowd of thousands.

Court to hear statement from defendant’s roommate

Defense attorney Kathryn Nester questioned Hull's handling of the crime scene on the day of the shooting. She also asked about a bullet that was found on campus at a different location than the alleged shooting site.

Hull said that bullet was traced back to a law enforcement officer who had “cleared” his weapon, ejecting an unused bullet. He also said a handgun in a backpack was found at the scene.

Prosecutors contend the shooting endangered others at Kirk’s campus event — an aggravating circumstance that could make the crime punishable by death under Utah law. Robinson also faces possible sentence enhancements based on the prosecution's claim that he targeted Kirk because of his political views.

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 also sent a text saying he targeted Kirk because he “had enough of his hatred,” prosecutors have said.

Robinson's defense team pushed back Tuesday on the idea that he was hostile to Kirk's politics. Defense attorney Richard Novak sought to block prosecutors from introducing a statement describing the traditional Christian values of Turning Point USA, a group co-founded by Kirk that galvanized the conservative youth vote to help Trump win a second term.

"This doesn't say anything about Mr. Robinson's state of mind," Novak said about the statement from Turning Point USA board member David Englehardt. “I don’t think that this court should be deciding— based on the record before it — where, if at all, politics and religion intersect.”

Judge Graf ruled that the statement was relevant and said it would be “provisionally admitted” with a final decision at a later date.

Prosecutors have a low bar

This week marks the first time Kirk’s parents, Kathryn and Robert, and widow, Erika, have been in the courtroom since the case began. The president's son, Donald Trump Jr., and Robinson’s parents, Matt and Amber Robinson, also have been present.

The proceeding resembles a minitrial, but prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk and should stand trial. The standard is lower than for a trial, where prosecutors must prove guilt “beyond a reasonable doubt.”

Legal experts say that means prosecutors should have little trouble advancing their case.

Prosecutors also this week plan to present video from Sept. 11 when Robinson turned himself in to the Washington County Sheriff’s Office, recorded testimony from Robinson’s roommate, DNA linking Robinson to the suspected murder weapon and witness statements.

Spectators camped out for hearing

Utah County residents Denae Branch and Jean Rivera lined up outside the courthouse in Provo around midnight Tuesday and snagged one of the few seats available to the public for this week's hearing.

The women said they were in the crowd when Kirk was shot and now think about it every day.

“It feels like a lot of the world just kept spinning and we’re still dealing with the trauma of it,” Branch said. “Our hearts and minds are still trying to process it and, yeah, it kind of helps being here.”

Rivera on Tuesday wore a shirt that read “FREEDOM” -- just as Kirk did on the day he was shot. She said she hoped to hear testimony about Robinson’s alleged confession note.

Brown reported from Billings, Montana.