
Utah prosecutors argued in their bindover memorandum that the evidence presented during Tyler Robinson’s five-day preliminary hearing easily established probable cause for him to stand trial on all seven charges connected to the killing of Charlie...
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Legal Analyst
What's up everyone and welcome back to the program. Now that the Tyler Robinson preliminary hearing's over, the prosecution has filed what's called a memorandum in support of a preliminary hearing bind over and that's the document that we're going to begin taking a look at in this episode. So let's dive right in. Case number 251-403-5576 State of Utah Plaintiff First Tyler James Robinson, the defendant. After taking evidence at the five day prelim hearing 10-7-6, 2026, this court, Acting as magistrate, asked the parties to brief the matter. Introduction this is likely as straightforward a bind over decision as the court will ever see. After admitting to several friends, including his roommate and romantic partner, that he assassinated Charlie Kirk at Utah Valley University on September 10, 2025 in front of approximately 3,000 eyewitnesses, defendants surrendered to law enforcement for that crime. These admissions, along with others, establish probable cause to support most of the elements of the charges. DNA testing, surveillance video and eyewitness testimony buttress those elements and demonstrate probable cause to support the remaining elements. The court should bind defendant for trial over on all counts. The facts the shooting on September 10, 2025, Charlie Kirk and his organization, Turning Point USA were holding an event at Utah Valley University in oramuta. Transcript Day 1 and at 366-373-654 19 several thousand people attended and filled the amphitheater located near the center of the campus and west of The Losee Building Idaho at 681 through 12, 33, 15 through 34 1035, 10, 20, 39, 14, 43, 20 States Examples 1, 2, 6, 7 and 8 After the event began, Mr. Kirk seated himself under a canopy tent positioned on the west side of the amphitheater below the hall of flags. At approximately 12:23 28:00pm an attendee standing directly in front of Mr. Kirk was questioning him when a gunshot rang out and a bullet struck the left side of Mr. Kirk's neck, killing him. The bullet's trajectory was front to back, slightly left to right and and downward. The investigation the Medical examiner concluded the manner of death to be homicide. State example 111 A forensic examination conducted by the ATF revealed that the bullet that killed Mr. Kirk was a.30 caliber class round. State example 32 At 2. It created a complex entrance gunshot wound and fragmented in Mr. Kirk's neck. State example 11 at 1 and 3 the bullet, or at least parts of it, sequentially perforated the anterior left side of Mr. Kirk's neck, strap muscles of the left side of the neck and the left common carotid and left internal and external jugular veins. The bullet also obliterated the left side of the C27 vertebrae and transected the cervical spinal cord. The medical examiner observed that a significant portion of Mr. Kirk's cervical spine cord was traumatically absent. Mr. Kirk suffered other severe injuries including bilateral apical and posterior intercostal hemorrhages, pulmonary apical hemorrhages, hematomas, and multiple disruptions of the thyroid, cricoid and tracheal cartilages. The medical examiner also observed hemorrhaging around Mr. Kirk's heart, both of his lungs, left and right hemothorax, and in the sub arachnoid space around the cerebellar firmness in the parital regions of Mr. Kirk's brain. Idea 3 and 4 When the bullet struck Mr. Kirk, Officer Christopher Bagley of the UVU Police was stationed at the south end of the walkway roof on of the hall of flags above Mr. Kirk's canopy. Based on his experience with firearms, Bagley believed that the bullet came from a rifle fired from a position east of Mr. Kirk's canopy. Recognizing that 1 veloci building was east of the amphitheater and 2 someone on the roof of that building would have a direct line of sight to where Mr. Kirk had been seated. Officer Bagley quickly made his way to that roof. There he he observed a screwdriver about 10 or 15ft from the guardrail. He also observed disturbances in the gravel at the southwest edge of the roof that were consistent with a sniper pad, meaning a place where a person was laying in a prone position with a line of sight to where Mr. Kirk had been seated. Officer Bagley reviewed surveillance video of the Losi Building rooftop. Transcript day one at at 94-13-9517 9721 and 98 1. That video shows the male running towards the southwest edge of the roof and then dropping down, crawling and getting into a prone position at the edge of the roof. The video further shows that at approximately 12:23:28pm the moment of the gunshot, that individual quickly stood up, ran northeast across the roof carrying a long skinny black object and eventually dropped himself down from the northeast side of the roof to the ground. That individual crossed Campus Drive and entered a wooded area on the north side of Campus Drive. In that wooded area, police later recovered a rifle wrapped in a black towel. The rifle was an operable Mauser model 9830 odd 6 Springfield caliber rifle state example.32 at 1. A telescopic sight was mounted on the rifle. Investigators reviewed hundreds of hours of UVU surveillance video to track forward and backwards the person that was seen on the LOSI building roof at the time of the shooting after defendant turned himself in. Investigators also reviewed the footage, searching for someone matching defendant's description and driving his car. Those efforts revealed that a vehicle registered to defendant arrived on campus the morning of the shooting. The surveillance video also shows an individual believed to be defendant walking around the UVU campus that morning, going to the railing on the roof of the Losee building and then leaving campus. Investigators ultimately determined that defendant visited UVU campus at least four times on September 10th, 11th, 2025, twice before the shooting, a third time just before noon on the 10th, and a fourth time in the early hours of September 11th, 2026. The surveillance video shows that when defendant returned to campus just before noon on the 10th, he was wearing different clothing, but his shoes were the same. Defendant was also walking with a limb. Defendant's roommate and romantic partner Lance Twiggs came confirmed that still images taken from that portion of the surveillance video and that show front views of the individual's face. Definitely did look like defendant.
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Legal Analyst
given their extensive review of the surveillance footage and investigators concluded that defendant was the individual who was walking with a limp up to the stairs that accessed the LOSI building shortly before noon, who was on that rooftop at the time of the shooting and who dropped off that rooftop and made his way to the wooded area where the rifle was found. At approximately 12:36am on September 11, 2025, defendant returned to the intersection of Campus drive and and 800 south on the UVU campus. He attempted to turn south on Campus Drive but was turned away by an officer stationed at the intersection. Campus Drive leads to the wooded area where the rifle was found in the bushes. DNA testing of the screwdriver recovered from the LOSI Building roof and the towel wrapped around the rifle provided strong support for including Defendant as having contributed to the DNA samples recovered from those items. DNA testing on the recovered rifle's trigger, trigger guard grips, protected underside of the receiver and other parts as well as the fired cartridge casing in the rifle supported including defendant as having contributed to the DNA samples recovered from those items and areas. On the evening of September 11, 2025, defendant surrendered himself to law enforcement in connection with Mr. Kirk's assassination. Defendant admitted also to Mr. Twiggs and other friends that he had shot Mr. Kirk. The state charged defendant with count one, aggravated murder, a capital felony in violation of Utah Code Section 76. 5, 202 Count 2 Felony Discharge of a firearm causing serious bodily injury, a first degree felony in violation of Utah Code Section 76 11, 2102 and 3C counts 3 and 4 obstruction of justice, a second degree felony and violation of Utah Code 76 8, 3022 for concealing or removing the firearm he used to shoot Mr. Kirk and for destroying, concealing or removing the clothing he wore during the shooting. Count five and six tampering with the witness, a third degree felony in violation of Utah Code 768508 for directing Mr. Twiggs to delete their text messages and to refuse to speak to law enforcement and Count seven Violent offense committed in the presence of a child in violation of Utah code section 76 3, 203102 enhanced to a class A misdemeanor through the victim targeting enhancement in Utah code 76320314 3A2. The state also notified defendant that counts one and two were subject to sentencing enhancements for committing a violent offense in the presence of a child in violation of Utah code section 76. 3, 2039 and victim targeting in violation of Utah code section 76. 3. 203.14 all right folks, we're going to wrap up this episode right here and in the next episode dealing with the topic, we're going to pick up with the argument. All the information that goes with this episode can be found in the description box.
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Episode: Utah’s Memorandum for Binding Tyler Robinson Over for Trial (Part 1)
Date: August 2, 2026
Host: Bobby Capucci
In this episode, host Bobby Capucci examines the Utah prosecution’s memorandum to bind Tyler James Robinson over for trial following the high-profile assassination of Charlie Kirk at Utah Valley University. Capucci delves into the evidence, key facts established during the five-day preliminary hearing, and the state's legal arguments for moving forward with charges, setting the stage for deeper exploration in future episodes.
"This is likely as straightforward a bind over decision as the court will ever see."
[03:15] Medical examiner findings:
[04:20] Position and directionality support sniper theory:
[07:00] Surveillance footage and witness corroboration:
[10:06] DNA evidence:
On open-and-shut nature:
"After admitting to several friends, including his roommate and romantic partner, that he assassinated Charlie Kirk…Defendant surrendered to law enforcement…These admissions, along with others, establish probable cause." — [01:08], Legal Analyst (Capucci)
Crime scene visualization:
"Officer Bagley… observed disturbances in the gravel at the southwest edge of the roof that were consistent with a sniper pad." — [04:47], Legal Analyst
Surveillance footage clarity:
"Video shows the male running towards the southwest edge of the roof and then dropping down, crawling and getting into a prone position at the edge." — [05:32], Capucci
DNA and physical evidence linkage:
"DNA testing… provided strong support for including Defendant as having contributed to the DNA samples recovered from those items." — [10:06], Capucci
Bobby Capucci maintains his signature persistent, forensic tone—methodically dissecting state filings and evidence, focused on truth and transparency:
"Alright folks, we're going to wrap up this episode right here and in the next episode…we're going to pick up with the argument." — [13:28], Capucci
Capucci closes the episode by signaling that the next part will address the prosecution's legal arguments, indicating further breakdown of the case against Robinson, and invites listeners to reference supporting material in the episode’s description.
Note: This summary skips sponsor ads and non-content sections.