Surveillance video shows suspect changing clothes before Kirk shooting, agent testifies

The courtroom in Provo was quiet as the investigator described what the cameras had captured. Tyler Robinson, the man accused of killing conservative activist Charlie Kirk, had arrived at Utah Valley University on the morning of September 10 wearing shorts and a T-shirt. He walked across campus, bought lunch at Chick-fil-A, and made contact with Kirk's staff. Then he left. Hours later, he returned in different clothes and climbed onto a rooftop overlooking the outdoor amphitheater where Kirk was preparing to speak to thousands of people.

Utah State Bureau of Investigation Agent David Hull testified Tuesday about the surveillance footage prosecutors played in the courtroom—video that showed Robinson's alleged movements in the hours before and after the shooting. In one sequence, Robinson goes over a railing onto the rooftop, crouches down, and runs to a position with a clear view of where Kirk would be standing. After the shooting, the video shows him running back across the roof, dropping to the ground, and fleeing on foot. Investigators later found a bolt-action rifle with one spent round wrapped in a towel in nearby woods. That night, a police officer spotted Robinson again in the campus area.

The preliminary hearing is not a trial. Prosecutors need only convince Judge Tony Graf that reasonable grounds exist to believe Robinson killed Kirk and should face trial. The standard is far lower than the "beyond a reasonable doubt" threshold required at trial, and legal experts say prosecutors should have little difficulty clearing that bar. Still, the evidence presented this week has been the most substantial the case has seen. A former university police officer testified Monday that he witnessed the shooting and then went to the rooftop, where he found what appeared to be a sniper position—a spot where someone had been lying prone with a direct sightline to Kirk's location.

DNA evidence has become central to the prosecution's case. A towel found at the scene contained DNA from two people, including Robinson's roommate. An FBI DNA analyst testified that Robinson was a "possible contributor" to DNA found on both the towel and a screwdriver discovered on the rooftop. The analyst, Amanda Bakker, explained that federal policy prevents examiners from claiming absolute certainty in DNA identification, and that DNA naturally degrades over time—a finding that did not, in her assessment, compromise the accuracy of the testing in this case. Prosecutors plan to present additional evidence including an autopsy, witness statements, and video from the day Robinson turned himself in to authorities on September 11.

Robinson, 23, has not entered a plea. His attorneys have not commented on his guilt or innocence, but they have fought to remove the death penalty from the table—so far without success. Prosecutors say they intend to seek capital punishment, arguing that the shooting endangered others at the event and constitutes an aggravating circumstance under Utah law. According to prosecutors, Robinson left a note for his roommate, who was also his romantic partner, that read: "I had the opportunity to take out Charlie Kirk and I'm going to take it." He reportedly texted the same person that he targeted Kirk because he "had enough of his hatred."

The courtroom has been filled with Kirk's family members and high-profile observers. Donald Trump Jr., who said Kirk was one of his closest friends for over a decade, attended Tuesday's hearing. Kirk's parents, Kathryn and Robert, and his widow, Erika, were in the courtroom for the first time since the case began. Robinson's parents, Matt and Amber, have also been present. When prosecutors showed graphic video of the shooting on Monday, Kirk's family briefly left the courtroom, then returned. In a statement, Kirk's parents 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."

Outside the courthouse, the case has drawn intense public attention. Two Utah County residents, Denae Branch and Jean Rivera, lined up around midnight to secure seats for Tuesday's hearing. Both were in the crowd when Kirk was shot. "It feels like a lot of the world just kept spinning and we're still dealing with the trauma of it," Branch said. Rivera wore a shirt that read "FREEDOM"—the same message Kirk had worn on the day he was killed. She said she hoped to hear testimony about Robinson's alleged confession note. The preliminary hearing is set to resume Wednesday at 1 p.m., with prosecutors expected to present video from Robinson's surrender and recorded testimony from his former roommate.