The preliminary hearing for the individual accused of murdering conservative activist Charlie Kirk resumed on Wednesday afternoon, with the defense team scrutinizing the validity of the DNA analysis that prosecutors assert connects the defendant to the alleged weapon used in the crime. Additionally, it was disclosed by prosecutors that the defendant’s roommate was granted immunity in exchange for providing recorded statements to investigators regarding the incident.
Prosecutors are attempting to persuade state District Judge Tony Graf that sufficient evidence exists to advance Tyler Robinson to trial on charges of aggravated murder. Following the conclusion of the hearing, anticipated to take place on Friday, Judge Graf will decide whether the case should move forward, a determination that experts believe is likely to favor the prosecution.
Robinson, aged 23, faces aggravated murder charges related to the assassination of Kirk on September 10 at the Utah Valley University campus, with prosecutors seeking the death penalty in this case. Prior to his arrest for Kirk’s death, Robinson had no previous criminal history.
As of now, Robinson has not entered a formal plea, and his legal representatives have refrained from making statements regarding his guilt or innocence. Nevertheless, they have made efforts to remove the death penalty from consideration, without success thus far.
During Wednesday’s preliminary hearing, State Bureau of Investigation Agent Brian Davis informed the court that Lance Twiggs had received “use immunity” for his statements, indicating that the prosecutor has agreed not to utilize those statements against him in any criminal proceedings.
Davis explained that Twiggs’ recorded interview on April 20 had been scheduled in lieu of his appearance as a witness at the preliminary hearing.
Deputy Utah County Attorney Lauren Hunt expressed her expectation that the defense would object to the introduction of the videotaped statements, elaborating on when she believed the evidence should be admitted. She also noted that the defense had proposed several last-minute redactions, stating that such modifications to a video are complex and should have been requested earlier by the defense team.
According to Davis, Twiggs participated in two interviews during the investigation. The first was conducted on September 12, with two FBI agents present, while the second interview occurred on April 20, attended by multiple law enforcement officials and prosecutors.
During the hearing, Hunt appeared to be establishing a basis for introducing Twiggs’ recorded statements as evidence. Court documents from last September indicated that Robinson acknowledged in a text message to Twiggs on the day of the shooting that he was responsible for the crime.
At the time of the incident, Robinson and Twiggs were roommates in St. George, a city in southwestern Utah. Reports indicate that Twiggs discovered a note beneath Robinson’s computer keyboard stating, “I had the opportunity to take out Charlie Kirk and I’m going to take it.” In their text exchange, when asked by Twiggs if he was the shooter, Robinson reportedly replied, “I am, I’m sorry.”
FBI analyst Amanda Bakker testified that after Twiggs provided a DNA sample for analysis, she was able to re-evaluate her tests and determine that the DNA belonged to two individuals. Investigators located a towel and the suspected murder weapon—a bolt-action rifle with a discharged round—near the site where Kirk was shot.
DNA evidence from the towel matched two individuals, as testified by Jennifer Faumuina from the State Bureau of Investigation, identifying one as Twiggs and the other as very likely Robinson.
Agent Brian Davis also presented a video clip from the Washington County Sheriff’s Office, depicting Tyler Robinson turning himself in a day after the shooting of Charlie Kirk. The video shows Robinson, dressed in a T-shirt and baseball cap, standing in a room at the sheriff’s office.
Davis stated that after interviewing Robinson and his parents, Robinson was subsequently arrested. Authorities had previously noted that Robinson’s father recognized him from surveillance footage of the shooting suspect and encouraged him to surrender.
During the hearing, Davis mentioned that he spoke with Robinson’s mother, while other law enforcement officials interviewed both Robinson and his father, as well as a family friend who accompanied them.
The video was one of several presented over the course of the hearing to determine whether the case should advance to trial.
Forensics expert Lawrence Quarino emphasized that law enforcement agencies utilize highly reliable methods for DNA analysis to assess the likelihood of a match with DNA found at a crime scene. Quarino, who is a professor and director of the forensic science program at Cedar Crest College in Pennsylvania, referred to DNA testing as “the gold standard” in forensic science.
On Tuesday, a lawyer representing Tyler Robinson questioned the dependability of the DNA tests that purportedly connect him to the alleged murder weapon—a rifle discovered wrapped in a towel after Charlie Kirk was killed. Quarino acknowledged that there are avenues to challenge DNA evidence, such as arguing that DNA could have been transferred to a location by an intermediary. However, he affirmed that government laboratories conducting DNA analyses maintain strict quality controls and that their methodologies are robust.
Defense attorney Michael Burt, however, sought to undermine the analyst’s findings, asserting that “she can’t match Mr. Robinson to the questioned samples.” In response, Deputy Utah County Attorney Ryan McBride argued that the reliability of the DNA analysis could be contested if the case proceeds to trial, indicating that the preliminary hearing is not the appropriate venue for such discussions. “The point is, there are explanations that are open to various interpretations and arguments,” McBride stated. “The court is going to determine…”
