NEED TO KNOW
- Tyler Robinson is in custody on an aggravated murder charge in connection with the assassination of Charlie Kirk
- If Robinson, 22, is formally charged and then convicted of aggravated murder, he could be sentenced to death in the state of Utah
- Death row inmates in Utah are executed by lethal injection unless the necessary drugs are unavailable, at which time they are put to death by a firing squad
The man accused of killing right-wing activist Charlie Kirk will likely be facing the death penalty when he goes on trial.
Tyler Robinson, 22, is being held on suspicion of three charges: aggravated murder, felony discharge of a firearm causing serious bodily injury and obstruction of justice.
Those charges all stem from the fatal shooting of Kirk, 31, at Utah Valley University on Sept. 10, at the kick-off event for a nationwide college tour hosted by his organization Turning Point USA.
Prosecutors can seek the death penalty in cases where the defendant is charged with aggravated murder in Utah if certain criteria are met.
One example of this is if the shooter “knowingly created a great risk of death to another individual other than the deceased individual and the actor,” according to the Utah Criminal Code.
The probable cause affidavit filed in the Robinson case accuses the alleged gunman of “shooting Charlie Kirk in a circumstance that put many around him at grave risk of death.”
Robinson is only being held on suspicion of the charges at this time and is expected to be formally charged by prosecutors on Tuesday, the same day he is due in court for his arraignment at 3 p.m. Mountain Time. He will enter a plea at that time.
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Robinson could seek a plea deal to avoid the death penalty, but if convicted and sentenced to death by a jury, he would be placed on death row ahead of his execution by lethal injection, or a firing squad if the necessary drugs aren’t available.
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If he is formally charged with obstruction of justice, that could carry a 15 year sentence because the obstruction was in service of a capital felony, making that a second-degree felony charge.
The felony discharge of a firearm is a first-degree offense, which would carry a possible sentence of life in prison.
Federal prosecutors could potentially bring charges against Robinson as well.
Robinson is currently being held in custody at the Utah County Jail, according to Utah Governor Spencer Cox.
Robinson is an unaffiliated voter who, prior to his arrest, had no felony or misdemeanor convictions.
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