Judge Graf And The Order To Bind Tyler Robinson Over For Trial On All Counts Charged (Part 3) (9/6/26)

0:00This is Troy Millings from Earn Your Leisure. On Earn Your Leisure, we're all about smart money moves, and here's one most people skip. Car insurance renews on autopilot, the rates creep up, and nobody tells you. That's what insureify fixes. In about two minutes, completely free, you can see rates for more than 120 top insurance companies. And if there's nothing better today, they keep watching and notify you when there's a better rate. So go to insureify.com. That's INSURIFY.COM. This is Matt Rogers from Lost Culture East. That's with Matt Rogers and Bowen Yang. This is Bowen Yang from Lost Culture East. That's Matt Rogers and Bowen Yang. You know when people try a new food, and suddenly it's like, okay, hold on. I got a new favorite food. That's the reaction a lot of people are having when they first try Cupid Mayon. Yeah, it's the one with the red cap and the little baby on the bottle. You've probably seen it at the grocery store. And this mayo is different. Most mayonnaise uses whole eggs. Cupid only uses egg yolks, which gives it this rich umami flavor.

1:00It's smoother, deeper, almost buttery. Once people try it, they start putting it on everything. Egg sandwiches, fries, burgers. Chefs use it, restaurants use it. People who really care about flavor use it. Put it on just about anything. Then you'll understand. Cupid, the original Japanese mayonnaise. This is Ashley Akinati from the Almost Amused Podcast. You ever notice you and your spouse keep saying, we need to get away, but you never actually plan anything. That was us until we did something fun and spontaneous. We went to resort pass.com. There are hundreds of hotel resorts, pools and spots and private beaches that you can enjoy. You can spend the day at a luxury resort, pool, spa, massage without booking an overnight stay. And listen, I may have only been like 15 minutes from home, but it felt like it was a whole different world. And I'm thinking, this is exactly what I needed. So just go to resort pass.com, choose your resort, choose your day, luxury resort day passes, start at just $25.

2:01Once you post your daycation, people are gonna ask where you are. Go to resort pass.com slash almost famous and use the promo code almost famous to get $20 off when you spend $100. That's code almost famous at resort pass.com slash almost famous. What's up everyone? And welcome back to the program. In this episode, we're gonna get right back to the bind over order filed by Judge Graf in the matter of Tyler Robinson and the murder of Charlie Kirk. Analysis of charges and probable cause determinations. Having resolved defendant's threshold constitutional objections, the court now turns to account by count review of the evidence admitted at the prelim hearing to determine whether the state has met its burden of establishing probable cause. Count one aggravated murder, capital felony. A, probable cause for count one aggravated murder. To bind over Mr. Robinson for trial for count one aggravated murder, the state must first present sufficient evidence to sustain reasonable belief that he intentionally

3:02or knowingly caused the death of Charlie Kirk. See Utah Code section 76-5-202-2A. A person engages in conduct intentionally or with the intent or willfully with respect to a result of his conduct when it is his conscious objective or desire to cause the result. Utah Code section 76-2-1031. A person acts knowingly or with knowledge with respect to a result of his conduct when he's aware that his conduct is reasonably certain to cause the result. Utah Code section 76-2-1032. To bind defendant over for trial on count one aggravated murder, the state must establish probable cause that one defendant, two intentionally or knowingly, three caused the death of Charlie Kirk, four under circumstances in which defendant knowingly created a great risk of death to another individual other than Charlie Kirk in the defendant. Utah Code section 76-5-202-A3.

4:05The state's evidence of identity is substantial combining forensic DNA matching with statement attributed to defendant admitting responsibility for the shooting. First, the DNA profile obtained from the Mauser, 30-06 caliber of bolt action rifle, state example 30, the suspected murder weapon provided forensic evidence connecting defendant to the firearm. Defendant's DNA was identified as the major contributor on multiple key components of the firearm, including the stock, ribs, butt plate, the trigger, and trigger guard. This physical evidence is corroborated by the toolmark analysis, state example 32, which matches the engraving cutter recovered from the defendant's residence to the cartridge casing and live ammunition found within the Mauser rifle. Furthermore, the FBI DNA analysis, state exhibit 31, places defendant's DNA on a screwdriver recovered at the scene with a likelihood ratio exceeding 30 quintillion. Second, the surveillance tracking evidence provides additional corroboration, Asian holes review

5:07of campus surveillance footage tracked the suspect, matching defendant's physical attributes, clothing, shoes, and distinctive gate from the parking structure to the rooftop area on the low-sea building associated with the shooting, and then fleeing the scene immediately following the shooting. This physical tracking is reinforced by Miss Noble's Ring Doorbell Camera Footage, which captured defendant's vehicle identified by its unique wheels and custom styling, parking near the location shortly after midnight on September 11th, 2025. Third, defendant's own statements provide direct evidence of his alleged responsibility for the shooting. In text messages sent to his roommate Lance Twiggs, shortly after the shooting, defendant allegedly stated, I had the opportunity to take out Charlie Kurt, and I took it. He followed with his second text addressing why he acted. Why did I do it? I had enough of his hatred. Some hate can't be negotiated out. Those electronic statements are further corroborated

6:08by the alleged in-person confirmation to Twiggs, the following morning, and the subsequent message from defendant's discord account stating it was me at UVU yesterday. Viewed in the light most favorable to the prosecution, this evidence is sufficient at this stage to support a reasonable belief that the defendant is the individual who shot and killed Charlie Kurt. Accordingly, the state has demonstrated probable cause as to the identity and homicide elements of count one. B, legal framework, of the great risk of death, aggravating circumstance under state versus Hurtado. The central legal dispute concerns the aggravating circumstances alleged under Utah Code section 76-5-2022A3, which requires probable cause that defendant knowingly created a risk of death to another individual other than the deceased individual and defendant, state versus Hurtado 2019 Utah, provides the controlling Utah Supreme Court analysis.

7:09The court explained that the relevant circumstances are not necessarily confined to the precise act, causing death. A risk-creating act occurring within a brief span of time may qualify when it forms part of a sufficiently connected series of events surrounding the murder. The court identified several non-exclusive considerations bearing on the inquiry, including the temporal relationship between the murderous act and conduct endangering a third party, the spatial relationship among the defendant, victim, and third party, and weather, and to what extent the third party was actually threatened. Those considerations guide the statutory inquiry. They do not replace it. The ultimate question remains whether the circumstances support reasonable belief that defendant knowingly created a great risk of death to another individual within the relevant zone of danger, one involving a likelihood or high probability, rather than merely a possibility. Unlike Sosa Hurtado, the state does not allege here that the defendant fired a separate shot

8:10at a third party immediately before adjouring the killing. The alleged aggravator therefore depends principally on whether the circumstances of the single shot directed at Mr. Kirk placed at least one other individual within a zone of danger and whether defendant knew of the circumstances creating that risk. That factual distinction does not make Sosa Hurtado in applicable but requires application of its governing principles to the evidence presented here, rather than treatment of its particular facts as dispositive. See, application of the Sosa Hurtado factors and the statutory standard. Defendant emphasizes that Sosa Hurtado involved conduct materially different from the alleged conduct here. There the defendant fired at a third party shortly before firing the shots that killed the murder victim. Here by contrast, the state alleges a single shot fired from approximately 415 feet away that struck the intended victim. This is Troy Millens from Earnier Leisure.

9:11On Earnier Leisure, we're all about smart money moves. And here's one most people skip. And it starts with insureify. Most of us never shop our car insurance. The policy renews every year, the rate creeps up a little at a time, and nobody calls you to tell you. You stay with the same company because it's easy, and that convenience costs you real money. That's what insureify fixes. Real quotes from more than 120 top insurance companies side by side. About two minutes free, no phone calls, no pressure. And if there's nothing better for you right now, insureify keeps watching and tells you when that changes. So you're never stuck over paying. Millions of people have used insureify to shop for their car insurance. So insure with insureify. Go to insureify.com. That's INSURIFY.COM. Insureify.com. This is Matt Rogers from Los Culturistas with Matt Rogers and Bowen Yang. This is Bowen Yang from Los Culturistas. Matt Rogers and Bowen Yang. You know when people try new food and suddenly it's like, wait. That's the reaction.

10:11A lot of people are having when they first try QB Mayo. It's the one with the red cap and the little baby on the bottle. You've probably seen it in the grocery store before. And if you've ever just walked past it, some people would say that's a huge mistake because this mayo is different. Most mayonnaise uses whole eggs. QB only uses egg yolks, which gives it this rich umami flavor. It's smoother, deeper, and almost buttery. Once people try it, they start putting it on everything. Examages, fries, burgers, some fans even swear by dipping pizza crust in it. And once you notice it, you start seeing it everywhere. Chefs use it, restaurants use it. People who really care about flavor use it. Never try it. Grab the bottle with the red cap next time you're out of the store. Put it on just about anything. Then you'll understand. QB, the original Japanese mayonnaise. This is Ashley Akinetti from the almost famous podcast. You ever notice you and your spouse keep saying, we need to get away, but you never actually plan anything. That was us until we did something fun and spontaneous. We went to resortpass.com.

11:12There are hundreds of hotel resorts, pools and spots and private beaches that you can enjoy. You can spend the day at a luxury resort, pool, spa, massage, without booking an overnight stay. And listen, I may have only been like 15 minutes from home, but it felt like it was a whole different world. And I'm thinking, this is exactly what I needed. So just go to resortpass.com, choose your resort, choose your day, luxury, resort, day passes, start at just $1,500. Once you post your daycation, people are gonna ask where you are. Go to resortpass.com slash almost famous and use the promo code almost famous to get $20 off when you spend $100. That's code almost famous at resortpass.com slash almost famous. Defend and argues that because the shot struck, Mr. Kirk, and no additional shot was fired, the evidence establishes only a theoretical possibility, rather than a high probability of death to another person. The distinction is material, but not this positive.

12:14So-sa, hertado, does not require a separate shot directed at a third party in every case. At the same time, the statute requires more than the abstract possibility that any discharge of a firearm might injure a bystander. Nor does the court conclude that firing toward a crowded event without more necessarily satisfies section 76-52022A3. The court therefore considers the actual spatial circumstances surrounding the shot, the proximity of other individuals to Mr. Kirk and the evidence bearing on defendant's knowledge of those circumstances. First, the record places several individuals and positions around Mr. Kirk and the canopy when the shot was fired. Mr. Kirk was seated beneath the canopy. One member of his security personnel was sufficiently close, that his body was beneath the tent. Another was positioned to the left and front of Mr. Kirk and another to the right and in front. Although the record does not establish their precise distances from them.

13:15A participant stood at the microphone East of and in front of Mr. Kirk, although the precise distance between the participant and Mr. Kirk was likewise not established. Though Losi Center was east of the courtyard and Southwest rooftop area provided a clear line of sight to the canopy where Mr. Kirk was seated. The court relies on those documented positions rather than assuming measurements not established by the record. Second, the physical evidence establishes that the shot was fired from an elevated position of approximately 415 feet from the canopy and 68 feet from above it and that the bullet traveled anatomically from front and back and downward after striking Mr. Kirk. The projectile did not exit his body. The court therefore does not assign a quantitative probability to Ricochet, over penetration or hypothetical deviation in aim that the evidence does not itself quantify. Rather, the relevant evidence is that defendant allegedly discharged a 30-odd six rifle

14:16toward a seated victim while several other individuals occupied positions in and around the canopy area. Viewed favorably to the state, there documented position in relation to the intended target considered together with the elevated location and downward direction of the shot, permit a reasonable inference at the prelims and hearing stage that at least one third party was within the relevant zone of danger and that the risk was more than an abstract possibility. Third, the state has presented evidence supporting probable cause as to the defendant's knowledge of those circumstances. Defendant was present in and around the event area before the shooting. Earlier that morning, he walked through the amphitheater area and interacted with Turning Point USA representatives. He later approached the Losis Center rooftop area before returning shortly before the shooting. The evidence therefore supports an inference that defendant had opportunities to observe the event area, its configuration and the gathering attendees.

15:16From the Southwest roof area, there was a clear line of sight to Mr. Kirk's canopy. The rifle also contained an optical accessory. Without making findings about the degree of magnification or precisely what defendant saw through the optic, these circumstances support a reasonable inference that defendant was aware that other individuals were positioned near Mr. Kirk when he fired. The court distinguishes between the objective circumstances creating the alleged risk and defendant's knowledge of those circumstances. The state need not establish at this stage that the defendant calculated or particular ballistic probability, it must, however, present evidence permitting or reasonable inference both. That another person was exposed to the statutorily required degree of risk and that defendant was aware of the circumstances giving rise to that risk. The evidence described above is sufficient under the prelim hearing standard as to both inquiries. Defendant's contrary argument is substantial.

16:18Unlike Sosa Hurtado, the evidence described here does not include a separate shot directed at the allegedly endangered third party. The court, therefore, does not treat Sosa Hurtado as factually equivalent to this case. The question at this stage, however, is not whether this state has proved the aggravator beyond a reasonable doubt or whether defendant's competing interpretation is ultimately more persuasive. It's whether believable evidence and reasonable inferences support probable cause as to each element. Under that limited standard, the state is met its burden. The court's determination does not rest on crowdsize alone or on assume probability of wind, ricochet, over penetration or bullet deflection. It rests on the evidence concerning the location and manner of the shot, the documented positions of several individuals in and around the canopy area, defendants' opportunity to observe those circumstances, and the prelim hearing requirement that reasonable inferences be drawn in the state's favor. Whether the state can prove the aggravating circumstances

17:21beyond the reasonable doubt remains for trial. Count one is bound over for trial. This conclusion is limited to the circumstances reflected in the record and does not establish a categorical rule that a shooting committed in a populated location necessarily satisfies section 76-5-202-a3. All right folks, we're gonna wrap up right here and in the next episode we're gonna pick up with D. Probably will cause supporting the victim targeting enhancement. All the information that goes with this episode can be found in the description box. This is Troy Millings from Earn Your Leisure. On Earn Your Leisure we're all about smart money moves and here's one most people skip. Car insurance renews on autopilot, the rates creep up and nobody tells you. That's what insure five fixes. In about two minutes, completely free, you can see rates for more than 120 top insurance companies. And if there's nothing better today, they keep watching and notify you when there's a better rate. So go to insurefide.com.

18:23That's INSURIFY.com. Insurefide.com. This is Ashley Akinetti from the Almost Amos Podcast. You ever notice you and your spouse keep saying, we need to get away but you never actually plan anything. That was us until we did something fun and spontaneous. We went to resortpass.com. There are hundreds of hotel resorts, pools and spots and private beaches that you can enjoy. You can spend the day at a luxury resort, pool, spa, massage without booking an overnight stay. And listen, I may have only been like 15 minutes from home, but it felt like it was a whole different world. And I'm thinking this is exactly what I needed. So just go to resortpass.com, choose your resort, choose your day, luxury, resort, day passes, start at just $1,5. Once you post your daycation, people are gonna ask where you are. Go to resortpass.com, slash almost famous and use the promo code almost famous to get $20 off when you spend $100.

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