Former officer describes ‘sniper pad’ on rooftop near shooting
Former Utah Valley University Officer Christopher Bagley told the court that he witnessed Kirk’s shooting while the conservative activist was speaking to a crowd of thousands on Sept. 10. Soon after, Bagley said, he went to a nearby gravel rooftop, where it appeared someone had been lying prone with a clear sightline to Kirk’s location.
“It looks like a sniper pad,” Bagley testified, adding, “you’ve got markings of elbows, knees and feet.”
The testimony came on the first day of a five-day preliminary hearing before state District Judge Tony Graf. Robinson, 23, has not yet entered a plea, and his attorneys have not commented on his guilt or innocence. They have sought, unsuccessfully, to remove the death penalty as a possible sentence.
Bagley, the prosecution’s first witness, said he could see the right side of Kirk’s body as Kirk spoke on campus. Kirk was answering a question when Bagley heard a gunshot.
“I saw him go to the left … I could no longer see the right side of his body,” Bagley said. “Then everybody started getting up and started to run, more of a chaos situation.”
Under cross-examination by defense attorney Kathryn Nester, Bagley acknowledged that he found an empty pistol holster on the ground after the crowd fled but never took custody of it and did not know whether it had been fingerprinted. Utah is an open carry state, meaning people may carry guns openly or conceal them without a permit.
Prosecutors aired new video that investigators believe showed Robinson getting in and out of his vehicle on Sept. 10 and 11. Videos of Kirk’s shooting were also shown to the court but not publicized because of their graphic nature. Judge Graf blocked the introduction of a compilation of surveillance videos that had been altered to zoom in or include circles drawn around individuals; prosecutors said they would try again Tuesday with the alterations removed.
The preliminary hearing resembles a minitrial, but prosecutors need only demonstrate that there are reasonable grounds to believe Robinson killed Kirk and should stand trial — a lower standard than the trial requirement of proof beyond a reasonable doubt. Mark Kouris, a former prosecutor and state judge in Salt Lake City, described the threshold as “extremely low” and said the chances of prosecutors not advancing the case were “almost nothing.”
Prosecutors have said they plan to present DNA evidence linking Robinson to the suspected murder weapon, autopsy findings, witness statements, and video of Kirk’s killing. They are also expected to argue the shooting endangered others — an aggravating circumstance that could make the crime punishable by death under Utah law.
Prosecutors allege Robinson confessed in a note left for his roommate, who was also his romantic partner. The note reportedly read: “I had the opportunity to take out Charlie Kirk and I’m going to take it.” Robinson reportedly texted his roommate that he targeted Kirk because he “had enough of his hatred,” prosecutors have said. The roommate is not expected to testify in person but recorded testimony could be a focal point for the prosecution.
Kirk’s parents, Kathryn and Robert, and his widow, Erika, attended the hearing for the first time since the case began, along with Donald Trump Jr., the son of President Donald Trump. Kirk’s family briefly left the courtroom twice — when Bagley began testifying about Kirk’s arrival on campus the day he was shot and when prosecutors introduced graphic videos — and returned each time.
Erika Kirk said during Kirk’s memorial service that she had forgiven Robinson. In a statement ahead of Monday’s hearing, she thanked supporters for their kindness and prayers and said, “Every court proceeding serves as a painful reminder of his death, and the loss that has irrevocably impacted our lives and the lives of his children.”