A five-day preliminary hearing opened Monday in Utah for Tyler Robinson, the man charged with the Sept. 10 assassination of conservative activist Charlie Kirk at Utah Valley University.
Before state District Judge Tony Graf, who at the end of the proceeding will rule on whether the evidence is strong enough to send the case to trial, prosecutors on Monday began presenting their evidence, according to USA Today. Prosecutors are also seeking the death penalty if Robinson is convicted.
Christopher Bagley, a former Utah Valley University police officer and the prosecution's first witness, told the court he climbed to the top of a campus building about 20 minutes after the gunshot rang out, where impressions in the gravel suggested a shooter had been positioned flat on their stomach with an unobstructed view of Kirk's location, according to CBS News. "It looks like a sniper pad," Bagley said, noting impressions consistent with elbows, knees, and feet. Bagley noted that when he reviewed surveillance video of the rooftop, he was unable to make out the identity of the person shown lying flat before running away.
Monday's session marked the first occasion on which Robinson shared a courtroom with Kirk's family, including widow Erika Kirk and his parents Robert and Kathryn, according to The Associated Press. In a statement released Monday, the family said the proceedings continually resurface the grief of losing him, describing each one as "a painful reminder of his death."
Robinson, 23, has not entered a plea. According to the AP, prosecutors say Robinson authored a note that read, "I had the opportunity to take out Charlie Kirk and I'm going to take it," while separately texting his roommate that he "had enough of his hatred." Forensic testing returned DNA matching Robinson's profile from several items connected to the shooting: the rifle trigger, a spent cartridge casing, two rounds that had not been fired, and a towel in which the gun was bundled.
University of Utah law professor and former federal judge Paul Cassell told CBS News the publicly available evidence points to what he called "an overwhelming case" for prosecutors. At a preliminary hearing, the evidentiary bar is probable cause rather than the more demanding "beyond a reasonable doubt" standard that governs a jury trial.
Over the course of the week, prosecutors intend to introduce between 40 and 50 exhibits, a collection that is expected to include surveillance footage, DNA analysis, autopsy results, and statements recorded from witnesses, according to USA Today.
