WEBVTT 1 00:00:00.200 --> 00:00:04.120 What's up, everyone, and welcome back to the program. Now 2 00:00:04.160 --> 00:00:10.519 that the Tyler Robinson preliminary hearings over, the prosecution has 3 00:00:10.560 --> 00:00:14.400 filed what's called a memorandum in support of a preliminary 4 00:00:14.439 --> 00:00:18.480 hearing bind over, and that's the document that we're going 5 00:00:18.559 --> 00:00:21.480 to begin taking a look at in this episode. So 6 00:00:22.199 --> 00:00:27.480 let's dive right in Case number two five one, four zero, three, 7 00:00:27.679 --> 00:00:33.280 five seven six, State of Utah Plaintiff first Tyler James Robinson, 8 00:00:33.640 --> 00:00:37.759 the defendant. After taking evidence at the five day prelim 9 00:00:37.840 --> 00:00:41.679 hearing July sixth through tenth, twenty twenty six, this court, 10 00:00:42.039 --> 00:00:46.520 acting as magistrate, asked the parties to brief the matter introduction. 11 00:00:47.320 --> 00:00:50.359 This is likely as straightforward a bindover decision as the 12 00:00:50.399 --> 00:00:54.039 court we'll ever see. After admitting to several friends, including 13 00:00:54.039 --> 00:00:57.840 his roommate and romantic partner, that he assassinated Charlie Kirk 14 00:00:58.119 --> 00:01:01.719 at Utah Valley University on September tenth, twenty twenty five, 15 00:01:02.119 --> 00:01:06.799 and from approximately three thousand eye witnesses, defendant surrendered to 16 00:01:06.879 --> 00:01:10.879 law enforcement for that crime. These admissions, along with others, 17 00:01:11.400 --> 00:01:14.640 established probable cause to support most of the elements of 18 00:01:14.680 --> 00:01:19.920 the charges. DNA testing, surveillance, video and eyewitness testimony buttress 19 00:01:20.000 --> 00:01:25.319 those elements, and demonstrate probable cause to support the remaining elements. 20 00:01:25.640 --> 00:01:29.519 The court should bind defendant for trial over on all counts. 21 00:01:31.040 --> 00:01:34.799 The facts the shooting. On September tenth, twenty twenty five, 22 00:01:34.920 --> 00:01:39.000 Charlie Kirk and his organization Turning Point USA, We're holding 23 00:01:39.040 --> 00:01:43.680 an event at Utah Valley University in orem, Utah. Transcript 24 00:01:43.760 --> 00:01:47.400 Day one at thirty six, six, thirty seven, three, sixty five, 25 00:01:47.480 --> 00:01:52.239 four nineteen. Several thousand people attended and filled the Amphitheater, 26 00:01:52.640 --> 00:01:55.359 located near the center of the campus and west of 27 00:01:55.400 --> 00:01:59.159 the Lossie Building id AT sixty eight one through twelve 28 00:01:59.480 --> 00:02:03.920 thirty three, TV fifteen through thirty four, ten, thirty five, 29 00:02:04.200 --> 00:02:09.039 ten through twenty thirty nine, fourteen through forty three twenty 30 00:02:10.000 --> 00:02:14.319 State's examples one, two, six, seven, and eight. After the 31 00:02:14.319 --> 00:02:17.759 event began, mister Kirk seated himself under a canopy tent 32 00:02:17.800 --> 00:02:21.199 positioned on the west side of the Amphitheater below the 33 00:02:21.199 --> 00:02:25.479 Hall of Flags at approximately twelve twenty three, twenty eight PM, 34 00:02:25.520 --> 00:02:27.879 and a ten D standing directly in front of mister 35 00:02:27.960 --> 00:02:30.759 Kirk was questioning him when a gunshot rang out and 36 00:02:30.800 --> 00:02:33.080 a bullet struck the left side of mister Kirk's neck, 37 00:02:33.199 --> 00:02:37.479 killing him. The bullet's trajectory was front to back, slightly 38 00:02:37.599 --> 00:02:42.719 left to right, and downward. The investigation, the medical Examiner 39 00:02:42.759 --> 00:02:46.479 concluded the manner of death to be homicide, said example 40 00:02:46.840 --> 00:02:50.919 eleven at one. A forensic examination conducted by the ATF 41 00:02:51.120 --> 00:02:54.039 revealed that the bullet that kill mister Kirk was a 42 00:02:54.039 --> 00:02:58.120 thirty caliber class round stead Example thirty two at two. 43 00:02:58.240 --> 00:03:02.479 It created a complex entrance gunshot wound and fragmented in 44 00:03:02.560 --> 00:03:06.560 mister Kirk's neck Stead Example eleven at one. In three, 45 00:03:07.199 --> 00:03:10.599 The bullet, or at least parts of it, sequentially perforated 46 00:03:10.879 --> 00:03:14.719 the anterior left side of mister Kirk's neck, strap muscles 47 00:03:14.840 --> 00:03:16.919 of the left side of the neck, and the left 48 00:03:16.960 --> 00:03:22.159 common corotied and left internal and external jugular veins. The 49 00:03:22.199 --> 00:03:25.759 bullet also obliterated the left side of the C two 50 00:03:25.919 --> 00:03:31.360 seven vertebrae and transsected the cervical spinal cord. The medical 51 00:03:31.360 --> 00:03:35.400 examiner observed that a significant portion of mister Kirk's cervical 52 00:03:35.439 --> 00:03:41.400 spine cord was traumatically absent. Mister Kirk suffered other severe injuries, 53 00:03:41.400 --> 00:03:50.240 including bilateral, apical and posterior intercostal hemorrhages, pulmonary apical hemorrhages, hematomas, 54 00:03:50.280 --> 00:03:55.719 and multiple disruptions of the thyroid, cricoid, and tracheal cartilages. 55 00:03:56.759 --> 00:04:00.000 The medical examiner also observed hemorrhaging around mister Kirk's home, 56 00:04:00.719 --> 00:04:04.039 both of his lungs left and right hemo thorax and 57 00:04:04.159 --> 00:04:09.159 in the sub arachnoid space around the cerebellar firmis in 58 00:04:09.240 --> 00:04:13.960 the paratol regions of mister Kirk's brain Idea three and four. 59 00:04:14.759 --> 00:04:18.399 When the bullet struck mister Kirk, Officer Christopher Bagley of 60 00:04:18.439 --> 00:04:21.240 the UVU Police was stationed at the south end of 61 00:04:21.240 --> 00:04:24.199 the walkway roof of the Hall of Flags above mister 62 00:04:24.240 --> 00:04:29.160 Kirk's canopy. Based on his experience with firearms, Bagley believed 63 00:04:29.199 --> 00:04:31.720 that the bullet came from a rifle fired from a 64 00:04:31.759 --> 00:04:36.600 position east of mister Kirk's canopy. Recognizing that one below 65 00:04:36.680 --> 00:04:39.720 ce building was east of the amphitheater and to someone 66 00:04:39.759 --> 00:04:41.600 on the roof of that building would have a direct 67 00:04:41.600 --> 00:04:43.800 line of sight to where mister Kirk had been seated, 68 00:04:44.120 --> 00:04:47.759 Officer Bagley quickly made his way to that roof. There 69 00:04:47.959 --> 00:04:51.120 he observed a screwdriver about ten or fifteen feet from 70 00:04:51.120 --> 00:04:55.199 the guardrail. He also observed disturbances in the gravel at 71 00:04:55.199 --> 00:04:58.240 the southwest edge of the roof that were consistent with 72 00:04:58.279 --> 00:05:01.560 a sniper pad, meaning a place where a person was 73 00:05:01.639 --> 00:05:03.959 laying in a prone position with a line of sight 74 00:05:04.279 --> 00:05:08.800 to where mister Kirk had been seated. Officer Bagley reviewed 75 00:05:08.839 --> 00:05:13.040 surveillance video of the Locie Building rooftop transcript day one 76 00:05:13.519 --> 00:05:17.360 at ninety four, thirteen, ninety five, seventeen, ninety seven, twenty one, 77 00:05:17.560 --> 00:05:20.800 and ninety eight one. That video shows a mell running 78 00:05:20.839 --> 00:05:24.040 towards the southwest edge of the roof and then dropping down, 79 00:05:24.199 --> 00:05:27.240 crawling and getting into a prone position at the edge 80 00:05:27.240 --> 00:05:31.920 of the roof. The video further shows that at approximately 81 00:05:31.959 --> 00:05:35.759 twelve twenty three, twenty eight PM, the moment of the gunshot, 82 00:05:36.079 --> 00:05:39.759 that individual quickly stood up, ran northeast across the roof 83 00:05:40.040 --> 00:05:43.759 carrying a long, skinny black object, and eventually dropped himself 84 00:05:43.800 --> 00:05:47.759 down from the northeast side of the roof to the ground. 85 00:05:48.439 --> 00:05:51.759 That individual cross Campus Drive and entered a wooded area 86 00:05:51.959 --> 00:05:55.199 on the north side of Campus Drive. In that wooded area, 87 00:05:55.439 --> 00:05:58.120 police later recovered a rifle wrapped in a black towel. 88 00:05:58.800 --> 00:06:01.959 The rifle was an option perable Mauser Model ninety eight 89 00:06:02.160 --> 00:06:06.800 thirty odd six Springfield caliber rifle stead Example thirty two 90 00:06:06.800 --> 00:06:10.439 out one. A telescopic site was mounted on the rifle. 91 00:06:11.560 --> 00:06:16.199 Investigators reviewed hundreds of hours of UVEU surveillance video to 92 00:06:16.319 --> 00:06:19.279 track forward and backwards the person that was seen on 93 00:06:19.319 --> 00:06:21.519 the Losi Building roof at the time of the shooting. 94 00:06:22.240 --> 00:06:26.600 After defendant turned himself in, investigators also reviewed the footage 95 00:06:26.959 --> 00:06:30.759 searching for someone matching defendant's description and driving his car. 96 00:06:31.480 --> 00:06:35.160 Those efforts revealed that a vehicle registered to defendant arrived 97 00:06:35.160 --> 00:06:38.720 on campus the morning of the shooting. The surveillance video 98 00:06:38.920 --> 00:06:42.480 also shows an individual believed to be defendant walking around 99 00:06:42.560 --> 00:06:45.600 the UVU campus that morning, going to the railing on 100 00:06:45.680 --> 00:06:48.560 the roof of the Losi Building, and then leaving campus. 101 00:06:49.839 --> 00:06:54.680 Investigators ultimately determined that defendant visited UVU campus at least 102 00:06:54.680 --> 00:06:59.199 four times on September tenth, eleventh, twenty twenty five, twice 103 00:06:59.279 --> 00:07:02.399 before the shooting, a third time just before noon on 104 00:07:02.480 --> 00:07:05.319 the tenth, and a fourth time in the early hours 105 00:07:05.360 --> 00:07:10.240 of September eleventh, twenty twenty six. The surveillance video shows 106 00:07:10.600 --> 00:07:13.600 that when defendant returned to campus just before noon on 107 00:07:13.680 --> 00:07:16.639 the tenth. He was wearing different clothing, but his shoes 108 00:07:16.639 --> 00:07:20.800 were the same. Defendant was also walking with a limb. 109 00:07:21.439 --> 00:07:25.079 Defendant's roommate and a romantic partner. Lance Twiggs confirmed that 110 00:07:25.160 --> 00:07:28.480 still images taken from that portion of the surveillance video 111 00:07:28.959 --> 00:07:33.319 and that show front views of the individual's face definitely 112 00:07:33.319 --> 00:07:37.839 did look like defendant. Given their extensive review of the 113 00:07:37.839 --> 00:07:42.160 surveillance footage, investigators concluded that defendant was the individual who 114 00:07:42.240 --> 00:07:44.759 was walking with a limb up to the stairs that 115 00:07:44.839 --> 00:07:48.639 accessed the Low C building shortly before noon, who was 116 00:07:48.639 --> 00:07:50.920 on that rooftop at the time of the shooting, and 117 00:07:50.959 --> 00:07:53.399 who dropped off that rooftop and made his way to 118 00:07:53.439 --> 00:07:57.120 the wooded area where the rifle was found. At approximately 119 00:07:57.160 --> 00:08:00.839 twelve thirty six am on September eleventh, twenty twenty five, 120 00:08:01.240 --> 00:08:04.759 defendant returned to the intersection of Campus Drive and eight 121 00:08:04.879 --> 00:08:08.600 hundred South on the UVU campus. He attempted to turn 122 00:08:08.680 --> 00:08:11.439 south on Campus Drive, but was turned away by an 123 00:08:11.439 --> 00:08:16.000 officer stationed at the intersection. Campus Drive leads to the 124 00:08:16.040 --> 00:08:18.560 wooded area where the rifle was found in the bushes. 125 00:08:19.639 --> 00:08:22.600 DNA testing of the screwdriver recovered from the Low sea 126 00:08:22.600 --> 00:08:26.199 building roof and the towel wrapped around the rifle provided 127 00:08:26.240 --> 00:08:30.079 strong support for including defendant as having contributed to the 128 00:08:30.160 --> 00:08:34.679 DNA samples recovered from those items. DNA testing on the 129 00:08:34.720 --> 00:08:39.000 recovered rifles trigger, trigger guard, grips, protected underside of the receiver, 130 00:08:39.320 --> 00:08:42.240 and other parts, as well as the fired cartridge casing 131 00:08:42.240 --> 00:08:46.440 in the rifle supported including defendant as having contributed to 132 00:08:46.480 --> 00:08:51.720 the DNA samples recovered from those items and areas. On 133 00:08:51.799 --> 00:08:55.399 the evening of September eleventh, twenty twenty five, defendant surrendered 134 00:08:55.440 --> 00:08:59.200 himself to law enforcement in connection with mister Kirk's assassination. 135 00:09:00.159 --> 00:09:04.639 Defendant admitted also to mister Twiggs and other friends that 136 00:09:04.720 --> 00:09:08.519 he had shot mister Kirk. The State charged defendant with 137 00:09:08.679 --> 00:09:12.480 count one aggravated murder, a capitol felony in violation of 138 00:09:12.559 --> 00:09:16.000 Utah Code Section seventy six Dash five DASH two O 139 00:09:16.159 --> 00:09:20.960 two count two felony, discharge of a firearm causing serious 140 00:09:20.960 --> 00:09:24.840 bodily injury of first degree felony in violation of Utah 141 00:09:24.879 --> 00:09:28.639 Code Section seventy six, Dash eleven, Dash two ten two 142 00:09:28.919 --> 00:09:32.759 and three C counts three to four A obstruction of justice, 143 00:09:32.919 --> 00:09:36.240 a second degree felony in violation of Utah Code seventy 144 00:09:36.279 --> 00:09:40.759 six Dash eight DASH three oh two two for concealing 145 00:09:41.039 --> 00:09:43.519 or removing the firearm he used to shoot mister Kirk 146 00:09:43.759 --> 00:09:47.320 and for destroying, concealing, or removing the clothing he wore 147 00:09:47.639 --> 00:09:53.720 during the shooting. Count five and six tampering with the 148 00:09:53.720 --> 00:09:57.440 witness a third degree felony in violation of Utah Code 149 00:09:57.559 --> 00:10:01.480 seventy six Dash eight Dash five OA for directing mister 150 00:10:01.519 --> 00:10:04.559 Twiggs to delete their text messages and to refuse to 151 00:10:04.559 --> 00:10:08.440 speak to law enforcement. And Count number seven violent offense 152 00:10:08.440 --> 00:10:11.480 committed in the presence of a child in violation of 153 00:10:11.600 --> 00:10:15.080 Utah Code Section seventy six Dash three DASH two O 154 00:10:15.200 --> 00:10:18.879 three dot ten two, enhanced to a Class A misdemeanor 155 00:10:19.360 --> 00:10:23.440 through the victim targeting enhancement in Utah Code Dash seventy 156 00:10:23.480 --> 00:10:28.080 six three DASH two O three dot fourteen three A two. 157 00:10:28.279 --> 00:10:31.039 The State also notified defendant that counts one to two 158 00:10:31.240 --> 00:10:35.080 for subject to sentencing enhancements for committing a violent offense 159 00:10:35.559 --> 00:10:37.879 in the presence of a child in violation of Utah 160 00:10:37.960 --> 00:10:41.799 Code Section seventy six DASH three DASH two O three 161 00:10:41.879 --> 00:10:45.600 dot nine and victim targeting in violation of Utah Code 162 00:10:45.679 --> 00:10:49.159 Section seventy six dash three dash two O three dot 163 00:10:49.200 --> 00:10:51.480 one four. All Right, folks, we're gonna wrap up this 164 00:10:51.519 --> 00:10:54.120 episode right here, and in the next episode dealing with 165 00:10:54.159 --> 00:10:57.440 the topic, we're gonna pick up with the argument. All 166 00:10:57.480 --> 00:10:59.960 the information that goes with this episode can be found 167 00:11:00.039 --> 00:11:01.960 owned in the description box.