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Prosecutors have claimed that an engraved bullet could condemn Charlie Kirk's killer to death as it showed the crime was politically motivated, newly filed documents said.
On Tuesday, prosecutors pointed to a bullet with the inscription: 'Hey Fascist! CATCH!' on it to prove that the right-wing influencer was targeted because of his politics on September 10, 2025.
Whether defendant Tyler Robinson acted out of political animus could be key for prosecutors seeking the death penalty – or for his attorneys in taking that punishment off the table.
The prosecution and defense have filed dueling documents focused on whether the crime included aggravating factors that would make Robinson eligible for the death penalty if convicted.
Those include political targeting and whether the shooting endangered thousands of others who attended Kirk's September 10 event at Utah Valley University.
Robinson is charged with crimes including aggravated murder, and has not yet entered a plea. The 23-year-old defendant turned himself in a day after the shooting.
The latest batch of court documents follows a five-day preliminary hearing in July, when prosecutors presented what they said was 'overwhelming' evidence against Robinson, while defense attorneys worked to sow doubt about analysts' findings.
Judge Tony Graf said he will decide if the case should advance to trial after he hears again from both sides on September 1.
One of the bullets that allegedly belonged to Tyler Robinson said: 'Hey fascist! CATCH!' Prosecutors are now saying it proved Robinson's alleged act was politically motivate
Charlie Kirk was shot dead at a college campus event on September 10 last year. Prosecutors said his events were inherently political
A picture of one of the bullets used by Robinson with the word 'catch' on it
In a document filed late Tuesday and viewed by the Daily Mail, prosecutors argued the engraved bullet found in the suspected murder weapon was an 'overt political reference.'
'That alone is sufficient to establish a reasonable belief that Defendant targeted Mr. Kirk because of his perception of Mr. Kirk’s political expression,' the court documents said.
Prosecutors also said that Kirk's events were innately political, as students were there to debate against the right-wing influencer.
They also noted that Robinson allegedly wrote in a text message about Kirk: 'I had enough of his hatred. Some hate can't be negotiated out.'
Robinson's attorneys have argued that the text message is not strong enough evidence to prove a political motivation.
Before his death, Kirk and the organization he cofounded, Turning Point USA, galvanized the conservative youth vote to help President Donald Trump win a second term.
Prosecutors contend that Kirk's opposition to same-sex marriage and gender-affirming care stood in sharp contrast to Robinson, who was reportedly in a romantic relationship with his roommate, Lance Twiggs.
Twiggs told investigators he had considered a gender transition around the time of Kirk's killing, according to prosecutors.
If it is ruled as such, Robinson could face the death penalty
Prosecutors also noted that Robinson allegedly wrote in a text message about Kirk to his roommate and alleged lover Lance Twiggs (pictured): 'I had enough of his hatred. Some hate can't be negotiated out'
Prosecutors also said the killing of Kirk endangered thousands of students, while the defense said the intended target was hit. It will also factor into if Robinson gets the death penalty if convicted
A handwritten note that prosecutors allege Robinson left for Twiggs read in part: 'I had the opportunity to take out Charlie Kirk, and I took it.'
In a recorded interview shown in court last month, Twiggs said he had never heard Robinson talk about Kirk before the shooting. Robinson also did not talk much about gender issues or LGBTQ+ rights, but he did sometimes talk about politics, including Trump, Twiggs told investigators.
During the July hearing, investigators presented DNA analyses that they said linked Robinson to both the suspected murder weapon and a tool he allegedly used to engrave the bullet cartridges.
Robinson's attorneys repeatedly questioned the reliability of DNA tests and other evidence.
Defense attorneys also have argued against a possible sentence enhancement for endangering others, saying the shooter 'hit the intended target.'
Robinson's attorneys argue the state 'wholly fails to carry its burden of proof.'
'The State is required, as a matter of law, to show more than a “possibility” that someone else may be killed by defendant’s conduct, rather that there was a “high probability” of that result and that the defendant knew of that high probability,' court documents said.
Prosecutors said numerous people were within a 'zone of danger' around Kirk when he was shot from a rooftop.