PROVO, Utah | Utah prosecutors were in court Monday seeking to convince a state judge they have enough evidence to bring the defendant in Charlie Kirk’s assassination to trial and seek the death penalty.

Kirk’s parents and widow, Erika Kirk, were in the courtroom for the first time since the case began, along with Donald Trump Jr., President Donald Trump’s son. But Kirk’s family walked out of the courtroom after the prosecution’s first witness — a police officer — started testifying about Kirk’s arrival on campus the day he was shot. They later returned.

The five-day preliminary hearing marks the most significant presentation of evidence to date in the case against defendant Tyler Robinson.

Robinson’s parents also were 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 Donald Trump, at Utah Valley University. Robinson turned himself in the day after the shooting.

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.

Prosecutors allege he 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.

A low threshold for prosecutors

The proceeding resembles a mini-trial, 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.

“Effectively it’s 51% — there’s a 51% chance they did it,” said Kouris, now an adjunct professor at the University of Utah’s S.J. Quinney College of Law. “This standard is extremely low and the chances of them not getting through it are, quite frankly, almost nothing.”

The prosecution’s first witness, former Utah Valley University police officer Chris Bagley, said he could see the right side of Charlie Kirk’s body as Kirk spoke on campus. Kirk was answering a question when Bagley heard a gunshot.

“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.”

After the shooting, Bagley went to the top of a nearby building where he saw a disturbance in the gravel that looked like a “sniper pad”, where someone might have been laying in a position that would allow them to shoot a weapon.

Defense attorney Kathryn Nester asked Bagley about finding an 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.

Roomate’s recorded testimony could be focal point

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.

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.

Erika Kirk says court proceedings are a ‘painful reminder’

Before his death, Kirk and the organization he co-founded, Turning Point USA, galvanized the conservative youth vote to help Trump win a second term.

The Republican president has said he hopes Robinson receives the death penalty.

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.

“Every court proceeding serves as a painful reminder of his death,” she wrote, “and the loss that has irrevocably impacted our lives and the lives of his children.”

She added that the public outpouring “has sustained us during the darkest days of our lives.”

Brown reported from Billings, Montana.

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