An image of Charlie Kirk hangs from the Department of Education headquarters in March. Attorneys for his alleged killer, Tyler Robinson, argue that he isn't eligible for the death penalty. File Photo by Bonnie Cash/UPI | License Photo

Aug. 13 (UPI) -- Lawyers for Tyler Robinson, the man accused of shooting and killing right-wing activist Charlie Kirk at a Utah Valley University event in 2025, argue in a court filing that he shouldn't be eligible for the death penalty because prosecutors failed to show that he put others in danger, an important element of aggravated murder.

Defense attorneys argued in a Tuesday court filing that the Utah County Attorney's Office "wholly fail to carry its burden of proof." It also argued that prosecutors "failed to establish probable cause that the shooter 'knowingly created a great risk of death to another other than Charlie Kirk' and himself."

In Utah, aggravated murder must have at least one "statutory aggravating factor," such as killing a minor or the defendant having a violent crime history. In this case, prosecutors argued that the shooter posed "a great risk of death" to others.

Defense attorneys argue in the filing that no one else was in the line of fire.