KIrk was killed by a bullet shot from a rooftop as he addressed a crowd of thousands at an event in Utah last year.
Defendant Tyler Robinson's attorneys say the bullet traveled above the crowd and prosecutors have not proven that he knew others who attended Kirk's event at Utah Valley University on Sept. 10 were in danger — a potentially aggravating factor under state law that would make it a capital crime.
“The only evidence presented supports that the bullet traveled above, not through, the crowd,” defense attorneys wrote in documents filed late Tuesday as the defense tries to block the case from proceeding to trial.
The defense lawyers also disputed claims that Robinson targeted Kirk over his political views. Prosecutors allege Robinson told his roommate that he killed the activist because he “had enough of his hatred." But the defense said that was not enough to prove what motivated Robinson, after searches of his apartment, computers and telephone failed to produce anything beyond that one statement.
Prosecutors last month presented what they call “overwhelming” evidence against Robinson, including DNA tests that tie him to the suspected murder weapon and apparent confessions by the defendant.
His defense attorneys during that hearing questioned the reliability of the prosecution's evidence, but they didn't offer any alternative theories for Kirk's assassination. The defense made no mention of DNA in Tuesday's filing.
Robinson has not yet entered a plea in the case. He turned himself in a day after Kirk was killed.
