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Charlie Kirk’s alleged killer, Tyler Robinson

N’dea Yancey-Bragg – USA Today March 31, 2026

Attorneys for the man accused of shooting conservative activist Charlie Kirk said a federal law enforcement agency did not connect the bullet found during autopsy to the suspected murder weapon.

Tyler Robinson has been charged with aggravated murder and other felonies in Kirk’s death. Kirk, 31, was killed Sept. 10 while speaking to students at Utah Valley University in Orem, Utah.

Authorities had said the gun used to assassinate Kirk was a Mauser 98, a common bolt-action rifle typically used for hunting. The hunting rifle, which had a heavier .30-06 caliber, dates back decades as German-made military surplus with millions produced and resold in the United States, experts told USA TODAY.

Officials recovered the weapon near the scene of the shooting with one spent cartridge in the chamber and three unfired bullets etched with meme-influenced messages.

Robinson’s attorneys said in a court filing that they have received a summary report from the Bureau of Alcohol, Tobacco, Firearms and Explosives “which indicates that the ATF was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr. Robinson.”

“Although the State has not indicated an intent to produce this report at the preliminary hearing, the defense may very well decide to offer the testimony of the ATF firearm analyst as exculpatory evidence,” the court filing said.

Robinson’s attorneys said the FBI is conducting a second comparative bullet analysis and a bullet lead analysis, but it was not yet complete. The defense asked Judge Tony Graf to delay the preliminary hearing, scheduled for May, in part because the team has not gotten the case files and protocols related to these analyses and other evidence from prosecutors.

The defense did, however, receive a hard drive with more than 600,000 files in a meeting March 12 with prosecutors, according to the court filing. That came on top of the 20,000 files the defense team had already received, which included 31 hours of audio and more than 700 hours of video.

Robinson’s attorneys said it would take at least 60 days to review the evidence they have and determine whether more has not yet been turned over to them.

“The defense team has devoted, and will continue to devote, significant resources to processing discovery, including identifying materials not yet received to inform readiness for the preliminary hearing,” the court filing said. “However, the defense team is realistic and the comprehensive review required to determine what is missing will take hundreds of hours.”

When asked about the defense’s characterization of the ATF report, Christopher D. Ballard, a spokesperson for the Utah County Attorney’s Office, told USA TODAY ethical rules prohibit him from speaking publicly about forensic testing and test results.

“But I can say generally that when the results of a bullet fragment analysis come back as inconclusive, that means only that the fragment did not contain enough detail for the examiner to determine whether the characteristics on the fragment were consistent with having been fired by a particular firearm,” Ballard said.

Ballard confirmed the FBI and ATF are adding information to the initial reports, which prosecutors expect will include data supporting the initial conclusions. “As soon as the State receives those supplemental reports, we will provide them to the defense,” he said.

Utah County Attorney Jeff Gray has said he will seek the death penalty for Robinson. Robinson is set to return to court April 17 for hearing on a defense motion to ban cameras from the courtroom.

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