Charlie Kirk's widow and parents are expected this week in a Utah court where prosecutors seeking the death penalty will argue that the man charged with killing the conservative activist should stand trial for murder.

The five-day preliminary hearing that starts Monday will be the first time members of Kirk's family are in the Utah courtroom with defendant Tyler Robinson. The hearing will be livestreamed.

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Robinson turned himself in after the shooting. Prosecutors allege that he also sent a text message confession to his partner and left a note saying he had an opportunity to kill one of the nation's leading conservative voices  and I'm going to take it. 

He has not entered a plea in the case, however.


Robinson, 23, is charged with aggravated murder in the Sept. 10 assassination of Kirk, who was addressing a crowd of thousands at Utah Valley University. His attorneys have not commented on his guilt or innocence.

Months of legal jostling leading up to the hearing centered largely on media access. Beginning Monday, the focus shifts 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. Prosecutors will argue in Robinson's case that Kirk's shooting endangered others in attendance.

The proceeding will resemble a minitrial, with prosecutors planning to offer DNA evidence linking Robinson to the suspected murder weapon, testimony from investigators, autopsy findings, witness statements and video of Kirk's killing. They are not required to present all their evidence and can u

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