The bullet which killed Charlie Kirk may not match up with the alleged assassin’s gun, according to suspect Tyler Robinson’s lawyers.
Robinson, 22, is facing capital murder charges and a possible death sentence over the shooting at Utah Valley University on 10 September 2025.
Prosecutors allege that he drove three hours to the campus to carry out the attack on the right-wing activist.
In a recent court filing, however, the defence team have argued that the bullet recovered did not match up with the rifle tied to Robinson.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) ‘was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr Robinson’, the defence say.
Prosecutors, meanwhile, claim the Mauser model 98 gun had belonged to Robinson’s grandfather, who gave it to him as a gift.
Why the bullet may not match up with the gun
Tyler Robinson is facing capital murder charges and a possible death sentence over the shooting (PATRICK T. FALLON/AFP via Getty Images)
The original Mausers were built to fire 8 mm cartridges, yet the recovered gun was a .30-06-calibre rifle.
Zack Bonfilio, an expert, claims the bullets used in that type of rifle are difficult to match because they are designed to expand and break off upon impact, GB News has reported.
The Independent reports that experts are looking for unique, microscopic marks left on the bullet as it passes through the barrel.
Similarly, while prosecutors have argued that DNA consistent with Robinson was discovered on the rifle’s trigger, as well as the fired casing and two unfired cartridges, the defence has said forensic reports indicate that the DNA of numerous people had been found on a few items, and more testing was required.
According to the filing, the FBI is also conducting further tests.
Amid plans to present the analyst testimony to support Robinson’s innocence, the defence is requesting a delay of at least six months before the May preliminary hearing proceeds.
Why the defence wants to delay the case
Charlie Kirk died on 10 September (Anna Moneymaker/Getty Images)
“As these cases indicate, determining the number of contributors to a DNA mixture and determining whether the FBI and the ATF reliably applied validated and correct scientific procedures is a complicated process which requires the assistance of various types of experts, including forensic biologists, geneticists, system engineers and statisticians, all of whom must review and evaluate’ several different categories,” the filing states, as reported by Deseret News.
“The defence 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.
“However, the defense team is realistic and the comprehensive review required to determine what is missing will take hundreds of hours.”
They have said that they will require that time to go through the volumes of evidence provided by the state, as well as 20,000 electronic files they’ve also received.
Robinson’s alleged texts to roommate
The judge initially allowed cameras to cover the proceedings (Rick Egan-Pool/Getty Images)
Prosecutors believe Robinson drove three hours from his home to the university campus to kill Kirk, 31.
In text messages sent to his roommate from court documents last year, Robinson allegedly wrote: “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.”
“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.
“I might have to abandon it and hope they don’t find prints. how the f**k will I explain losing it to my old man… only thing I left was the rifle wrapped in a towel.”
Robinson is scheduled to return to court on 17 April.
Timeline of events following Charlie Kirk’s assassination
10 September – Day of the attack
Kirk was at Utah Valley University (UVU) for a scheduled event when, at 12:23pm, he was shot in the neck by a single bullet. Footage at the event shows the podcaster slumped over before being carried in a car as the crowd erupts into panic.
According to footage released by authorities, the suspected shooter is seen jumping from the roof and fleeing. A Utah Department of Public Safety spokesperson later said that the person, who was reported to be wearing black tactical gear and a helmet, had fled into a nearby neighbourhood after leaving the building.
President Donald Trump later confirmed Kirk’s passing on Truth Social, writing: “The Great, and even Legendary, Charlie Kirk, is dead. No one understood or had the Heart of the Youth in the United States of America better than Charlie. He was loved and admired by ALL, especially me, and now, he is no longer with us.”
President Donald Trump referred to Kirk as ‘legendary’ in his Truth Social announcement (Mark Wilson/Getty Images)
11 September – Gun and engraved bullet casings discovered
At a press conference, authorities said they had discovered a bolt-action rifle wrapped in a towel, as well as some bullet casings with phrases like ‘Hey fascist, catch!’ and ‘notices, bulges, OWO, what’s this?’
12 September – Robinson’s arrest announced
While appearing on Fox and Friends, Trump said a suspect was in custody: “Essentially, someone that was very close to him turned him in.”
Later on, authorities announced Robinson’s arrest, who, according to investigators, had confessed to his father, leading to him calling a family friend, who then called the US Marshals, who detained the 22-year-old.
Kirk’s widow, Erika, gave her first statement after her husband’s passing, saying that his movement ‘is not going anywhere’.
She added: “You have no idea the fire you’ve ignited within this wife. The cries of this widow will echo around the world like a battle cry.”
16 September – Charges against Robinson announced
Prosecutors revealed the charges against Robinson included aggravated murder, commission of a violent offence in the presence of a child, two counts of witness tampering, two counts of obstruction of justice and felony discharge of a firearm.
Utah County Attorney Jeff Gray said prosecutors would seek the death penalty if he is convicted, adding: “I do not take this decision lightly.”
Robinson had previously made a virtual court appearance (POOL/AFP via Getty Images)
21 September – Erika Kirk says she ‘forgives’ his killer
At Kirk’s memorial service on 21 September, the 37-year-old took to the stage to pay tribute to her husband and revealed why she’d ‘forgiven’ his killer.
“My husband, he wanted to save young men, just like the one who took his life. That young man, that young man.” she said.
“On the cross, our saviour said: ‘Father, forgive them for they not know what they do.’
“That man, that young man, I forgive him. I forgive him because it was what Christ did, and it is what Charlie would do.
“The answer to hate is not hate. The answer we know from the gospel is love and always love, love for our enemies and love for those who persecute us.”
11 December – Robinson’s first in-court appearance
According to the BBC, Robinson arrived in court for a hearing wearing a shirt and tie with restraints on his wrists and ankles. In October, it had previously been ruled that he was permitted to wear civilian clothes.
The hearing was primarily focused on how much of the case should be public, with several news organisations pushing for transparency, including the release of a transcript and recording from October.
Erika Kirk had previously argued for transparency in the case, telling Fox News: “We deserve to have cameras in there.”
While the judge delayed ruling on the matter to ‘do it right’, he did decide to prohibit attorneys on both sides from making extrajudicial statements.
During the press conference, authorities explained that they had interviewed Robinson’s roommate, who showed them Discord messages between him and a contact named ‘Tyler’.
Kirk was killed on Wednesday (Trent Nelson/The Salt Lake Tribune/Getty Images)
The messages reportedly discussed the need to retrieve a rifle from a ‘drop point’ that had been left in a bush and wrapped in a towel. The alleged conversation also discussed the items, which included a ‘scope’ and described the rifle as ‘unique’.
“Investigators identified an individual as the roommate of Robinson. Investigators interviewed that roommate who stated that his roommate made a joke on Discord,” said Utah Governor Spencer Cox.
“He showed several messages and allowed investigators to take photos of the screen. These photos consisted of various messages, including content of messages between the phone contact of Tyler and Robinson’s roommate’s device.
“The content of these messages included messages affiliated with the contact Tyler, stated the need to retrieve the rifle from a drop point, leaving the rifle in a bush, messages related to visually watching the area where a rifle was left and a message referring to having left the rifle wrapped in a towel.”
Despite the comments from Cox, Discord has denied that its platform had been involved in planning the incident.
Tyler Robinson is currently in custody (FBI)
“In the course of our investigation, we identified a Discord account associated with the suspect, but have found no evidence that the suspect planned this incident or promoted violence on Discord,” a spokesperson said in a statement.
“The messages referenced in recent reporting about planning details do not appear to be Discord messages.
“These were communications between the suspect’s roommate and a friend after the shooting, where the roommate was recounting the contents of a note the suspect had left elsewhere.”
According to CBS News, the spokesperson went on to say that it had removed an account associated with Robinson for violating its ‘off-platform behaviour policy’.
They added: “We strongly condemn violence of any kind, including political violence, and we will continue to coordinate closely with law enforcement.”
