The accused assassin of conservative activist Charlie Kirk may have hit his alleged target, but prosecutors say his history of misses could help keep the death penalty on the table.<\/p>\n\n\n\n
Tyler Robinson, 23, allegedly \u201cseldom hit the bullseye and sometimes missed the target altogether\u201d while practicing with the rifle authorities believe was used to kill Kirk, Utah prosecutors said in a court filing made public Tuesday.<\/p>\n\n\n\n
The claim strikes directly at the defense\u2019s bid to knock out the aggravating factor that could make Robinson eligible for execution if he is convicted.<\/p>\n\n\n\n
Robinson\u2019s attorneys argue that the fatal bullet traveled above the crowd at Utah Valley University rather than through it. Only one round was fired, Kirk was the only person struck and no bystanders were wounded, the defense noted.<\/p>\n\n\n\n
But prosecutors say that argument ignores the risk Robinson allegedly knew he was taking when he fired a high-powered rifle from the roof of the campus\u2019s Losee Center toward a courtyard packed with thousands of people.<\/p>\n\n\n\n
Evidence recovered from Robinson\u2019s southern Utah home allegedly included targets he had used to practice with his grandfather\u2019s rifle, according to Fox News Digital<\/a> and KSL\u2019s coverage of the filing<\/a>.<\/p>\n\n\n\n Those targets, prosecutors contend, show Robinson knew he was capable of missing \u2014 and that a miss from the rooftop could have sent a bullet into the crowd or struck someone standing near Kirk.<\/p>\n\n\n\n The state also pointed to evidence that the alleged gunman had to race across the roof, reassemble the rifle, get into position and fire within roughly one minute. He allegedly loaded four cartridges before taking the shot.<\/p>\n\n\n\n Taken together, prosecutors say, Robinson\u2019s hurried setup, extra ammunition and spotty practice record support a reasonable inference that he understood the danger to people other than Kirk.<\/p>\n\n\n\n Several spectators were allegedly positioned between the rooftop and Kirk, while others were gathered close to the Turning Point USA founder onstage, prosecutors wrote.<\/p>\n\n\n\n Robinson\u2019s lawyers see the scene very differently.<\/p>\n\n\n\n