PROVO, Utah (AP) — A former campus police officer testified Monday that he found an apparent “sniper pad” on a rooftop near where Charlie Kirk was assassinated, as prosecutors sought to convince a state judge they have enough evidence to put a Utah man on trial for murder.
Former Utah Valley University Officer Christopher Bagley said he witnessed Kirk's shooting while the conservative activist was speaking to a crowd of thousands last year. Soon after, Bagley went to a nearby gravel rooftop, where it appeared someone had been lying prone with a clear sightline to Kirk's location, he said.
“It looks like a sniper pad,” Bagley said, adding, "you’ve got markings of elbows, knees and feet.”
The testimony came as Kirk’s parents, Kathryn and Robert, and widow, Erika, were in the courtroom for the first time since the case began, along with Donald Trump Jr., President Donald Trump’s son.
Prosecutors are seeking the death penalty for defendant Tyler Robinson. A five-day preliminary hearing that began Monday marks the most significant presentation of evidence to date in the case.
Robinson's parents also were present, sitting a few rows behind the Kirks as the hearing began. The 23-year-old defendant is charged with aggravated murder in the Sept. 10 assassination of Kirk, a conservative activist and ally of Trump. Robinson turned himself in the day after the shooting.
Robinson has not yet entered a plea, and his attorneys have not commented on his guilt or innocence. They have, however, sought to get the death penalty taken off the table, so far unsuccessfully.
A low threshold for prosecutors
Prosecutors showed several videos of Kirk's shooting as they made their case to state District Judge Tony Graf. Attorneys from both sides tried to shield their monitors from spectators in the court gallery, after Graf said the assassination videos couldn't be publicized because of their graphic nature.
Utah State Bureau of Investigations Agent David Hull described the videos during questioning by prosecutors: They showed the crowd milling around at the event, Kirk interacting with some of the spectators, the harrowing moment when he was shot and, finally, an anxious scene as Kirk's security detail picked him up and took him away while administering first aid.
Robinson sat quietly between his attorneys throughout the hearing, looking at the prosecution’s exhibits on a monitor and occasionally taking notes. He wore a gray suit, and his wrists were shackled to a chain around his waist.
Charlie Kirk's parents and widow walked out of the courtroom when a police officer started testifying about Kirk’s arrival on campus the day he was shot. They later returned.
The proceeding resembles a minitrial, but prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk. The standard is lower than for a trial, where prosecutors must prove guilt “beyond a reasonable doubt.”
Prosecutors as a result should have little trouble advancing their case, said Mark Kouris, a former prosecutor and state judge in Salt Lake City.
“This standard is extremely low and the chances of them not getting through it are, quite frankly, almost nothing," said Kouris, now an adjunct professor at the University of Utah’s S.J. Quinney College of Law. “
Bagley, the prosecution's first witness, said he could see the right side of Charlie Kirk’s body as Kirk spoke on campus. Kirk was answering a question when Bagley heard a gunshot.
“I saw him go to the left ... I could no longer see the right side of his body,” Bagley said. “Then everybody started getting up and started to run, more of a chaos situation.”
Defense attorney Kathryn Nester asked Bagley about finding an empty pistol holster on the ground after the crowd fled. Bagley acknowledged he never took custody of the holster and didn't know if it was fingerprinted.
Nester repeatedly objected to evidence introduced by prosecutors, but was overruled by the judge. Any evidence from this week’s hearing would have to be reintroduced again to be used at trial.
Roommate's recorded testimony could be focal point
Prosecutors can use secondhand information, or hearsay, to help present their case. They expect to present between 40 and 50 exhibits during this week's hearing.
Prosecutors have said they plan to present DNA evidence linking Robinson to the suspected murder weapon, autopsy findings, witness statements and video of Kirk’s killing. They are also expected to argue the shooting endangered others at Kirk’s campus event — an aggravating circumstance that could make the crime punishable by death under Utah law.
Prosecutors allege Robinson confessed in a note left for his roommate, who was also his romantic partner, that read: “I had the opportunity to take out Charlie Kirk and I’m going to take it.”
Once the hearing is finished, Graf must determine whether there is enough evidence for the case to proceed to trial.
Robinson's roommate is not expected to testify in person during the hearing. Still, the roommate's recorded testimony could be a focal point for prosecutors.
In addition to the alleged confession note, Robinson reportedly texted his roommate that he targeted Kirk because he “had enough of his hatred,” prosecutors have said.
Erika Kirk says court proceedings are a 'painful reminder'
Before his death, Kirk and the organization he co-founded, Turning Point USA, galvanized the conservative youth vote to help Trump win a second term.
The Republican president has said he hopes Robinson receives the death penalty.
Erika Kirk said during his memorial service that she forgives Robinson.
Ahead of Monday's hearing, she thanked supporters in a statement for their kindness and prayers.
“Every court proceeding serves as a painful reminder of his death,” she wrote, “and the loss that has irrevocably impacted our lives and the lives of his children.”
She added that the public outpouring “has sustained us during the darkest days of our lives.”
Brown reported from Billings, Montana.
