Defense Attorney Josh Kolsrud Weighs In On the Charlie Kirk Shooting Case

As the legal proceedings against Tyler Robinson, accused in the high-profile shooting death of Charlie Kirk, take shape, Kolsrud Law Offices founder Josh Kolsrud recently shared his insights on AZFamily 3TV. With Robinson facing a host of state and potentially federal charges, Josh offered an in-depth analysis of the legal landscape and procedural hurdles ahead.

A Breakdown of the Charges

According to Josh, last week’s seven-count indictment against Robinson in Washington County, Utah, is significant both in breadth and severity. “He’s charged with aggravated murder—which carries the death penalty—as well as unlawful discharge of a firearm, two counts of witness tampering, and two counts of obstruction of justice,” Josh explained. The witness tampering charges stem from allegations that Robinson instructed his partner to delete incriminating text messages and not cooperate with police. The obstruction charges involve alleged efforts to hide the firearm and destroy evidence, including clothing. Notably, the assault is also alleged to have taken place in front of a minor, upping the seriousness of the charges.

Federal Charges: The Patriot Act in Play

Josh highlighted that federal charges could follow, particularly because the alleged motive behind the shooting—targeting a public figure for political reasons—triggers provisions of the Patriot Act. “The conspiracy statutes become much more broad,” he noted. “Anyone who provided material support, even as simple as promising to publish a manifesto or expressing encouragement, could be looked at for federal charges.”

This increases the scope of the investigation significantly, as law enforcement agencies are examining interactions on communication platforms like Discord. According to Josh, “there are at least 20 individuals on that Discord server, including Robinson’s partner, who are under federal investigation.”

Parallel Prosecutions and Complex Investigations

Drawing parallels to the Arizona case involving the assassination of Judge John R., Josh explained, “We have seen parallel state and federal prosecutions before, where county attorneys proceed with murder charges and federal investigations run concurrently.” This dual-track prosecution approach could add complexity and length to the judicial process.

Legal Challenges and Change of Venue

Josh also expects substantial pre-trial legal wrangling in the Robinson case. “I was really surprised that the county attorney read the entire probable cause statement on the air—prosecutors aren’t supposed to try their cases in the media. This could be grounds for a change of venue request,” he said. “The jury pool in St. George, Utah, may be considered tainted, and the defense could push to have the trial moved to a more diverse jurisdiction, like Salt Lake City, to ensure impartiality.”

Potential Issues of Privilege

Of special legal interest, Josh pointed out confidential communication privilege issues: “There are reports Mr. Robinson may have confessed to a religious figure before turning himself in. If this was done for religious purposes, that statement would be considered privileged, much like attorney-client privilege, and likely wouldn’t be admissible in court.” With no confession made to law enforcement, this could complicate the prosecution’s case.

Conclusion: Complex, High-Stakes, and Closely Watched

The legal road ahead for Tyler Robinson is anything but straightforward. With aggravated murder charges, potential federal terrorism charges under the Patriot Act, and numerous procedural and evidentiary twists, this case highlights the many facets of criminal defense and constitutional protections.

As defense attorney Josh Kolsrud explained, “The case may not be as simple as it seems.” As always, we will continue to monitor new developments and provide expert insight into this and other high-stakes cases.

For more legal analysis and defense insights, visit Kolsrud Law Offices.