The bullet that killed conservative commentator Charlie Kirk does not match the rifle allegedly used by the suspect, Tyler Robinson, a bombshell new court filing claims. Robinson, 22, has been charged with capital murder and could face the death penalty over Kirk's killing at Utah Valley University on September 10.
However, his defense team now claims that the Bureau of Alcohol, Tobacco, Firearms and Explosives could not match the bullet recovered during the autopsy to the rifle that prosecutors claim is linked to Robinson. Robinson's defense team said they may now present testimony from an ATF firearms analyst as evidence in his favor to prove that the bullets were different.
Shocking New Twist
In a motion filed Friday, they also requested that the preliminary hearing be delayed by at least six months, according to Fox News. The filing also points out that DNA reports from the Federal Bureau of Investigation and the ATF will take time for the defense to review, especially since multiple DNA profiles were found on some pieces of evidence.
It explains that figuring out how many people contributed to a DNA mixture—and whether the FBI and ATF followed proper, reliable scientific methods—is a complex task. The process requires input from various experts, including forensic biologists, geneticists, systems engineers, and statisticians, all of whom need to carefully examine different types of data.
Robinson's lawyers also said they've been given around 20,000 pieces of evidence, including audio recordings, videos, and written documents, which they now have to go through.
"The defense team has devoted, and will continue to devote, significant resources, to processing discovery, including identifying materials not yet received to inform readiness for the preliminary hearing," the filing mentions.
"However, the defense team is realistic and the comprehensive review required to determine what is missing will take hundreds of hours."
"What is known at present is that Mr Robinson has not yet received the forensic case files and data necessary to investigate, through the use of qualified experts, the scientific reports the state intends to introduce at the preliminary hearing," the attorneys continued.
Findings Point at New Angle
Defense attorneys and prosecutors had earlier met on March 12. After that meeting, the defense said in its motion that it expects prosecutors to present separate "buckets" of evidence through three identified law enforcement witnesses during the preliminary hearing.
"This includes a conclusory forensic DNA and ballistic reports authored by the FBI and the ATF, social media data, testimony by law enforcement officers about the crime scene and search locations, and testimony by Mr Robinson's parents and roommate' as well as 'a significant amount of hearsay' from 'non-testifying peace officers.'"
Prosecutors claim Robinson drove about three hours from his home to the university campus with the intention of killing Kirk, who was 31.
He was ultimately handed over to authorities by his father, Matt, after recognizing what appeared to be his own rifle in images released by police during the manhunt, according to investigators.
Authorities say the rifle had originally been given to Robinson by his grandfather as a gift. After noticing the weapon, Matt reportedly texted his son asking for a photo of the family heirloom, but Robinson was unable to provide one.
Court documents also reveal that in a text exchange with his roommate and partner, Lance Twiggs, Robinson allegedly admitted that the rifle was the only piece of evidence he had left behind.
"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," he allegedly wrote. "I haven't seen anything about them finding it."
Robinson also allegedly sent a message saying he had planned to get the weapon from a "drop point," but claimed the area was "locked down."
"I'm wishing I had circled back and grabbed it as soon as I got to my vehicle," he continued.
"I'm worried what my old man would do if I didn't bring back grandpas rifle... idek [I don't even know] 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."
Robinson reportedly ended the crucial text exchange by warning his partner, Lance Twiggs, to delete their messages. He also mentioned that his father was trying to reach him about his grandfather's rifle.
According to authorities, he later confessed to the killing to his father, who then contacted law enforcement and kept his son with him until officers arrived to arrest him.
