A court filing by Tyler Robinson’s defense on Friday reveals the ATF has not been able to “identify” the bullet recovered in the autopsy of slain Turning Point USA leader Charlie Kirk with the rifle allegedly used in the September 10 shooting at Utah Valley University, according to the Daily Mail. Kirk was reportedly killed instantly by a single rifle shot that tore through his upper body and ripped open the carotid artery in his neck.
Tyler Robinson mugshot (Credit: Utah County Sheriff’s Office)
While not definitive (the bullet could be misshapen from the shooting), until it is resolved, the claim by the defense will fuel concerns about the circumstances of Kirk’s murder and whether Robinson was the shooter.
Daily Mail excerpt:
The bullet that killed conservative commentator Charlie Kirk did not match the rifle used by suspected killer Tyler Robinson, a bombshell new court filing states.
Robinson, 22, is facing capital murder charges and a potential death sentence for Kirk’s murder at Utah Valley University on September 10.
But his defense attorneys now argue that the Bureau of Alcohol, Tobacco, Firearms and Explosives ‘was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr Robinson.’
The defense team may now offer the ATF firearm analyst’s testimony as exculpatory evidence, they said in a motion filed on Friday to push the preliminary hearing back at least six months, Fox News reports.
It also notes that DNA reports filed by the Federal Bureau of Investigation and ATF will take time for the defense team to analyze because reports indicated that several different DNA were found on some items of evidence.
Fox News reported further on the defense’s court filing (excerpt):
Attorneys for Tyler Robinson, the man accused of assassinating conservative icon Charlie Kirk, have revealed who prosecutors intend to call to the stand and also asked the court to delay the preliminary hearing.
The filing, made by defense attorneys on Friday, states that prosecutors intend to call Robinson’s parents and his roommate and romantic partner, Lance Twiggs, to testify at the preliminary hearing. Robinson’s defense team is also asking the judge for a minimum six-month delay for the preliminary hearing, which is currently scheduled for May 18.
Robinson’s defense team said that defense attorneys received over 600,000 files from prosecutors during a meeting on March 12, which she says will take time to review. She also noted that the discovery isn’t complete yet.
“Discovery in this case is incomplete, voluminous, and the processing of it is complex,” the defense team wrote.
One of the defense’s experts, a forensic biologist, said she’d need six months to review the evidence.
Early in the case prosecutors filed an alleged text message chain between Robinson and his alleged male transgender lover Lance Twiggs in which he confessed to the shooting (via the BBC)
Robinson: drop what you are doing, look under my keyboard.
[When the roommate looked under the keyboard, there was a note that allegedly read: “I had the opportunity to take out Charlie Kirk and I’m going to take it.”]
Roommate: “What?????????????? You’re joking, right????
Robinson: I am still ok my love, but am stuck in orem for a little while longer yet. Shouldn’t be long until I can come home, but I gotta grab my rifle still. To be honest I had hoped to keep this secret till I died of old age. I am sorry to involve you.
Roommate: you weren’t the one who did it right????
Robinson: I am, I’m sorry
Roommate: I thought they caught the person?
Robinson: no, they grabbed some crazy old dude, then interrogated someone in similar clothing. I had planned to grab my rifle from my drop point shortly after, but most of that side of town got locked down. Its quiet, almost enough to get out, but theres one vehicle lingering.
Roommate: Why?
Robinson: Why did I do it?
Roommate: Yeah
Robinson: I had enough of his hatred. Some hate can’t be negotiated out.
Robinson: If I am able to grab my rifle unseen, I will have left no evidence. Going to attempt to retrieve it again, hopefully they have moved on. I haven’t seen anything about them finding it.
Robinson: If I am able to grab my rifle unseen, I will have left no evidence. Going to attempt to retrieve it again, hopefully they have moved on. I haven’t seen anything about them finding it.
Roommate: How long have you been planning this?
Robinson: a bit over a week I believe. I can get close to it but there is a squad car parked right by it. I think they already swept that spot, but I don’t wanna chance it
Robinson: I’m wishing I had circled back and grabbed it as soon as I got to my vehicle…. I’m worried what my old man would do if I didn’t bring back grandpas rifle … idek if it had a serial number, but it wouldn’t trace to me. I worry about prints I had to leave it in a bush where I changed outfits. didn’t have the ability or time to bring it with…. I might have to abandon it and hope they don’t find prints. how the [expletive] will I explain losing it to my old man….
only thing I left was the rifle wrapped in a towel….
remember how I was engraving bullets? The [expletive] messages are mostly a big meme, if I see “notices bulge uwu” on fox new I might have a stroke alright im gonna have to leave it, that really [expletive] sucks…. judging from today I’d say grandpas gun does just fine idk. I think that was a $2k scope;-;
Robinson: delete this exchange
Robinson: my dad wants photos of the rifle … he says grandpa wants to know who has what, the feds released a photo of the rifle, and it is very unique. Hes calling me rn, not answering.
Robinson: since trump got into office [my dad] has been pretty diehard maga.
Robinson: Im gonna turn myself in willingly, one of my neighbors here is a deputy for the sheriff.
Robinson: you are all I worry about love
Roommate: I’m much more worried about you
Robinson: don’t talk to the media please. don’t take any interviews or make any comments. … if any police ask you questions ask for a lawyer and stay silent
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