Lawyers for accused Charlie Kirk assassin Tyler Robinson are arguing that prosecutors haven't established a case for the potential death penalty in a new court filing made public Tuesday night. SEND US A TIPWithout the aggravator, the potential death penalty would be taken off the table. FRIEND OF CHARLIE KIRK LABELS COURTROOM EVIDENCE 'DEVASTATING' AFTER CHILLING SURVEILLANCE FOOTAGE SHOWNRobinson's lawyers noted that there was only one shot fired and that it struck Kirk. TYLER ROBINSON'S DEFENSE SUFFERS DUAL SETBACKS AS JUDGE HOLDS OFF ON DEATH PENALTY DECISION"The communications the State admitted between Mr. Robinson and Mr. Twiggs indicate Mr. Robinson’s intention to kill Charlie Kirk," the defense wrote, citing an alleged message from Robinson: "I had the opportunity to take out Charlie Kirk and I took it." "These circumstances are not sufficient to establish, even by probable cause which if any political expression of Mr. Kirk motivated Mr. Robinson to select Mr. Kirk for an act of violence."