The LAWEYRS of the man charged with assassinating Charlie Kirk are arguing Tyler Robinson shouldn’t get the death penalty because the shooter “hit the intended target” and no one else was endangered when Mr. Kirk was shot from a rooftop at an event in Utah last year, his lawyers said.

Defendant Tyler Robinson’s attorneys say the bullet traveled above the crowd of several thousand people at Utah Valley University on Sept. 10 and “there were no threats to others.” Whether the shooting endangered the crowd is a key issue: Prosecutors cited the risk that other people could have been harmed as an aggravating factor under state law that makes Kirk’s killing a capital crime.

Prosecutors allege Robinson told his roommate that he killed the activist because he “had enough of his hatred. Robinson faces possible sentence enhancements if prosecutors can prove he targeted Kirk because of his politics

Prosecutors have until Aug. 18 to respond to the latest defense arguments.

Prosecutors say bullet engraving shows Charlie Kirk was targeted for his politics

SALT LAKE CITY (AP) — Prosecutors in Charlie Kirk‘s killing pointed Tuesday to an engraved bullet, arguing that the inscription “Hey Facist! CATCH!” demonstrates that Kirk was targeted for how the defendant perceived his politics.

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 Sept. 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 Sept. 1.

In a document filed late Tuesday, prosecutors argued the engraved bullet found in the suspected murder weapon was an “overt political reference.” 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. They did not immediately respond to a request for comment on prosecutors’ new filing.

Before his death, Kirk and the organization he co-founded, 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.

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.