articleThe Brief Lawyers for the man charged in the shooting death of Charlie Kirk are asking the judge to take the potential death penalty off the table. In a new court filing made public Tuesday night, lawyers for accused Charlie Kirk assassin Tyler Robinson are arguing that prosecutors haven't established a case for the potential death penalty. Following Robinson’s week-long preliminary hearing in July, State District Judge Tony Graf said the hearing will resume on September 1 when prosecutors and the defense will make their final arguments. "The State’s presentation of its evidence as to this alleged circumstance in aggravation at the preliminary hearing in July 2026 wholly fails to carry its burden of proof,"…. The other side:In their 28-page filing, prosecutors repeatedly point to evidence introduced during the preliminary hearing, including surveillance video.