PROVO, Utah (AP) 鈥� The man charged with killing strolled in shorts and a T-shirt, bought a meal at Chick-fil-A and made contact with people from Kirk鈥檚 organization, before returning in different clothes to from a rooftop, an investigator testified Tuesday.
Former State Bureau of Investigation Agent David Hull described Tyler Robinson鈥檚 alleged movements before and after Kirk was killed as prosecutors played previously unseen campus surveillance videos in state court. The defendant first arrived on campus about four hours before the shooting and returned several times, including when he allegedly went onto the roof to shoot Kirk and again the night after Kirk was killed, Hull said.
Prosecutors say they intend to seek the death penalty in the case. They are trying to convince Judge Tony Graf that they have enough evidence to bring Robinson to trial on an aggravated murder charge.
Robinson has not yet entered a plea. His attorneys have not commented on his guilt or innocence. They have, however, sought to get the taken off the table, so far unsuccessfully.
In a video shown Tuesday, Robinson climbs over a railing onto a rooftop, crouches down and runs to a site overlooking where Kirk was speaking, Hull testified. After the shooting, Robinson runs back across the roof, drops to the ground and flees on foot, Hull said.
Investigators found the 鈥� a bolt-action rifle with one spent round 鈥� wrapped in a towel in some nearby woods. matched to two people. One was Tyler Robinson鈥檚 roommate and the other was very likely Robinson, Jennifer Faumuina with the State Bureau of Investigation testified.
This week鈥檚 preliminary hearing marks the most significant presentation of evidence to date in the case. Authorities allege , 23, on Sept. 10 while the 31-year-old activist and ally of President Donald Trump was speaking to a crowd of thousands.
Judge reviews Turning Point USA board member statement
Defense attorney Kathryn Nester questioned Hull鈥檚 handling of the crime scene on the day of the shooting. She also asked about a bullet that was found on campus at a different location than the alleged shooting site.
Hull said that bullet was traced back to a law enforcement officer who had 鈥渃leared鈥� his weapon, ejecting an unused bullet. He also said a handgun in a backpack was found at the scene.
Robinson鈥檚 attorneys also raised questions about the DNA evidence, using testimony from an FBI analyst to demonstrate that finding a person鈥檚 DNA on an item doesn鈥檛 necessarily mean that person touched the item.
Prosecutors contend the shooting endangered others at Kirk鈥檚 campus event 鈥� an aggravating circumstance that could make the crime punishable by death under Utah law. Robinson also faces possible sentence enhancements based on the prosecution鈥檚 claim that he targeted Kirk because of his political views.
During one of several appearances on campus by Robinson on Sept. 10, Hull said the defendant went to the amphitheater where Kirk was later shot and contacted representatives of Turning Point USA, a group co-founded by Kirk that to help Trump win a second term.
The investigator did not detail what occurred during that interaction or if members of Kirk鈥檚 security team were present.
Prosecutors allege Robinson confessed in a note left for his roommate, who was also his romantic partner, that read: 鈥淚 had the opportunity to take out Charlie Kirk and I鈥檓 going to take it.鈥� Robinson also sent a text saying he targeted Kirk because he 鈥渉ad enough of his hatred,鈥� prosecutors have said.
Robinson鈥檚 defense team pushed back Tuesday on the idea that he was hostile to Kirk鈥檚 politics. Defense attorney Richard Novak sought to block prosecutors from introducing a statement describing the traditional Christian values of Turning Point USA.
鈥淭his doesn鈥檛 say anything about Mr. Robinson鈥檚 state of mind,鈥� Novak said about the statement from Turning Point USA board member David Englehardt. 鈥淚 don鈥檛 think that this court should be deciding 鈥� based on the record before it 鈥� where, if at all, politics and religion intersect.鈥�
Judge Graf ruled that the statement was relevant and said it would be 鈥減rovisionally admitted鈥� with a final decision at a later date.
Prosecutors have a low bar
This week marks the first time since the case began that Kirk鈥檚 parents, Kathryn and Robert, and widow, Erika, were in the courtroom. Also present were the president鈥檚 son, Donald Trump Jr., who said Tuesday that Kirk was one of his closest friends, and Robinson鈥檚 parents, Matt and Amber Robinson.
The proceeding , but with a lower standard of proof than for a jury trial where prosecutors must prove guilt 鈥渂eyond a reasonable doubt.鈥� At the preliminary hearing, prosecutors need only demonstrate to the judge that there are reasonable grounds to believe Robinson killed Kirk and should stand trial.
Legal experts say that means prosecutors should have little trouble advancing their case.
Spectators camped out for hearing
Utah County residents Denae Branch and Jean Rivera lined up outside the courthouse around midnight Tuesday and snagged one of the few seats available to the public for this week鈥檚 hearing.
The women said they were in the crowd when Kirk was shot and now think about it every day.
鈥淚t feels like a lot of the world just kept spinning and we鈥檙e still dealing with the trauma of it,鈥� Branch said. 鈥淥ur hearts and minds are still trying to process it and, yeah, it kind of helps being here.鈥�
Branch said she was overcome with emotion in court when Erika Kirk, who herself was crying, handed her a tissue.
Rivera on Tuesday morning wore a shirt that read 鈥淔REEDOM鈥� 鈥� just as Kirk did on the day he was shot 鈥� but was told she could not wear it inside. She said she hoped to hear testimony about Robinson鈥檚 alleged confession note.
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Brown reported from Billings, Montana.
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