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Tyler Robinson Preliminary Hearing (Day 6 Part 18) (11/6/26) · Beyond The Horizon

• 0:00
  Speaker 1: What's up everyone and welcome back to the program. In
• 0:04
  Speaker 1: this episode, we're going to finish off day number six
• 0:08
  Speaker 1: of the Tyler Robinson prelim hearing. Once again, we're picking
• 0:12
  Speaker 1: up with Judge Graff binding Tyler Robinson over. Analysis of
• 0:18
  Speaker 1: merger double jeopardy objections, defendant argues that count two must
• 0:22
  Speaker 1: merge with count one because both arise from a single
• 0:25
  Speaker 1: gunshot directed at a single victim. Utah Code 76-1-402 limits
• 0:32
  Speaker 1: multiple convictions when one offense is included within another. But
• 0:37
  Speaker 1: merger ordinarily concerns convictions and punishment, and a fact-dependent merger
• 0:41
  Speaker 1: determination may be premature before the charges have been presented
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  Speaker 1: to the trier of fact. At this stage, the court
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  Speaker 1: determines only whether probable cause independently supports the charged defendant offenses.
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  Speaker 1: The court does not decide whether either offense is ultimately
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  Speaker 1: a lesser included offense of the other. If convictions are
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  Speaker 1: returned on both counts, the merger issue may be addressed
• 1:05
  Speaker 1: at that time. Analysis of Sentencing Enhancements The information presented,
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  Speaker 1: three related but legally distinct matters, the separate offense charged
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  Speaker 1: in Count 7 under Utah Code 76.3, 203.10, the presence
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  Speaker 1: of a child's sentencing consideration, under 76.3.203.9 and the victim
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  Speaker 1: targeting allegation under 76.3.203.14. Because these provisions have different legal effects,
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  Speaker 1: the court addresses them separately. Because the victim targeting allegation
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  Speaker 1: would classify Count 7 from a Class B to a
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  Speaker 1: Class A misdemeanor under the Utah Code 76.3.203.14 Sub 3A2,
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  Speaker 1: that allegation is subject to the probable cause determination. The
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  Speaker 1: court also considers whether the remaining sentence allegations have factual
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  Speaker 1: support without deciding each constitute a separate element of an offense.
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  Speaker 1: As it relates to the presence of a child allegation
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  Speaker 1: for reasons stated in the analysis account 7, the records
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  Speaker 1: provide probable cause for the factual allegation that the charged
• 2:10
  Speaker 1: conduct occurred in the presence of children under 76-3-203.9. That
• 2:14
  Speaker 1: circumstance operates as a sentencing consideration rather than a reclassification
• 2:23
  Speaker 1: of the underlying felony. Victim Targeting Allegation Utah Rule of
• 2:28
  Speaker 1: Evidence 417 limits the use of defendant's expression or association
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  Speaker 1: in providing a victim targeting allegation. The evidence must otherwise
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  Speaker 1: be admissible and must specifically relate to the defendant's selective
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  Speaker 1: or selection of the victim. Pastor Englehart's statement to establish
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  Speaker 1: the nature of Mr. Kirk's public expression states, does not
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  Speaker 1: independently establish the defendant's motive, knowledge, or state of mind.
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  Speaker 1: Defendant argues that the state has not established probable cause
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  Speaker 1: that he selected Mr. Kirk because of a qualifying personal
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  Speaker 1: attribute identified here as political expression. The court therefore considers
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  Speaker 1: Englehart's statement only for the limited purpose described above and
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  Speaker 1: looks to other evidence to determine defendant's alleged reason for
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  Speaker 1: selecting Mr. Kirk. When asked why he shot Mr. Kirk,
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  Speaker 1: defendant allegedly responded, I had enough of his hatred. Some
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  Speaker 1: hate can't be negotiated out. The word hatred standing alone
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  Speaker 1: is ambiguous and does not establish the statutory motive. The
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  Speaker 1: state also presented evidence that the defendant identified Mr. Kirk
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  Speaker 1: by name and communications concerning the planned shooting, allegedly planned
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  Speaker 1: the shooting in advance, and carried it out during a
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  Speaker 1: public event associated with Mr. Kirk's political expression. Viewed together
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  Speaker 1: in the light most favorable to the state, those circumstances
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  Speaker 1: support a reasonable, though not compelled, inference that defendant selected Mr.
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  Speaker 1: Kirk because of his perception of Mr. Kirk's political expression.
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  Speaker 1: The court does not determine whether that inference will ultimately
• 4:02
  Speaker 1: prove more persuasive than other interpretations of defendant's statement. At
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  Speaker 1: this stage, the targeting allegation satisfies the probable cause standard.
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  Speaker 1: Its legal consequence differs by count. For count seven, reclassifies
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  Speaker 1: the offense from a Class B to Class A misdemeanor
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  Speaker 1: for Count 2, a first-degree felony, the statute makes the
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  Speaker 1: victim selection and aggravating sentencing consideration, rather than reclassifying the offense.
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  Speaker 1: Section 76.3.203.14 does not expressly identify a penalty consequence for
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  Speaker 1: a capital felony. The court, therefore, does not decide that
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  Speaker 1: the statute authorizes an additional penalty for Count 1. The
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  Speaker 1: state notice remains preserved, but any asserted consequence for capital
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  Speaker 1: felony conviction must rest on separately identified legal authority. This
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  Speaker 1: ruling does not affect the targeting allegation as applied to
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  Speaker 1: counts two and seven. For the foregoing reasons and based
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  Speaker 1: off the record and party submissions, it's hereby ordered that
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  Speaker 1: the defendant, Tyler James Robinson, is bound over for trial
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  Speaker 1: in the fourth judicial district on the following counts and
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  Speaker 1: sentencing allegations. Count one, aggravated murder. a capital felony in
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  Speaker 1: violation of Utah Code Annotated 76.5.202, including the capital aggravating
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  Speaker 1: circumstance under Section 76.5.202.2a and 3. Count 2 felony discharge
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  Speaker 1: of a firearm causing serious bodily injury, a first-degree felony
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  Speaker 1: in violation of Utah Code Annotated 76.11.210, Sub 2 and
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  Speaker 1: Sub 3c, including the victim targeting allegation under 76.3. 203.14
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  Speaker 1: sub 2, subject to sentencing treatment described in 76.3, 203.14,
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  Speaker 1: 3 and B, and the presence of a child aggravating
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  Speaker 1: factor under 76.3, 203.9. Count 3, obstruction of justice, a
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  Speaker 1: second-degree felony in violation of Utah Code. 76.8, 306 sub 2,
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  Speaker 1: count 4, obstruction of justice, a second-degree felony in violation
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  Speaker 1: of Utah Code. 76-8-306-2. Count 5. Tampering with a witness.
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  Speaker 1: A third-degree felony in violation of Utah Code 76-8-508. Count 6.
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  Speaker 1: Tampering with a witness. A third-degree felony in violation of
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  Speaker 1: Utah Code 76-8-508. Count 7. Violent offense committed in the
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  Speaker 1: presence of a child. Class A misdemeanor under Utah Code 76-3-203-10.
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  Speaker 1: Reclassified as a Class A misdemeanor under under Section 76.3.203.14.3a.2,
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  Speaker 1: based on the victim targeting allegation. All evidentiary determination in
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  Speaker 1: this order are limited to the prelim hearing and do
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  Speaker 1: not determine the admissibility or the ultimate weight of evidence
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  Speaker 1: at trial. Nothing in this order constitutes a final determination
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  Speaker 1: of defendant's guilt or witness credibility. Defendant remains presumed innocent
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  Speaker 1: and the state bears the burden at trial of proving
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  Speaker 1: each charge offense beyond a reasonable doubt. It's so ordered.
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  Speaker 1: And that concludes the ruling of this court. Turning to
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  Speaker 1: the defense. Does Mr. Robinson wish to enter any pleas today?
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  Speaker 1: Kathy Nestor. Yes, Your Honor. We will proceed with the arraignment.
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  Speaker 1: Judge Graff, all right. And what pleas does he wish
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  Speaker 1: to enter for the record? Kathy Nestor. Your Honor, at
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  Speaker 1: this point, we would waive reading of the indictment. Gruneder
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  Speaker 1: jumps in. That's the prosecutor. Information. Kathy Nestor. I'm sorry.
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  Speaker 1: with reading the information and enter pleas of not guilty
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  Speaker 1: on Mr. Robinson's behalf on all counts. Judge Graff, all right,
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  Speaker 1: the court finds that is knowingly and voluntarily made and
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  Speaker 1: that addresses that issue and we will set this for
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  Speaker 1: a pretrial conference. And counsel, given that we have a
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  Speaker 1: bind over and the arraignment has been accomplished at the
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  Speaker 1: next hearing, I would like to set trial dates. So
• 8:03
  Speaker 1: as whatever time that we need, I ask that both
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  Speaker 1: parties look and I know you're very busy and you
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  Speaker 1: have a lot going on But the constitutional rights of Mr.
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  Speaker 1: Robinson are important, as are the constitutional rights afforded to
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  Speaker 1: Miss Erica Kirk. And so when would the parties like
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  Speaker 1: to come back for pretrial conference? So they go through
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  Speaker 1: a whole bunch of nonsense, but we're going to skip
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  Speaker 1: that because they're just arguing about dates and we're going
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  Speaker 1: to get to the meat. Judge Graff, all right, September
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  Speaker 1: 24th or October 23rd. Looks like October 23rd is pretty open.
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  Speaker 1: What do the parties think about that date? Mr. Novak,
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  Speaker 1: Your Honor, on September 24th in the afternoon is definitely
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  Speaker 1: a problem for me, because the next morning at 9 a.m.,
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  Speaker 1: I have to be in a federal courtroom in San Francisco,
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  Speaker 1: and Mr. Burt whispered to me that he's not available
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  Speaker 1: on the 24th of September. Judge Graff, all right, October
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  Speaker 1: 23rd at 1 o'clock here in person, and defense, is
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  Speaker 1: your request to have Mr. Robinson appear here in court
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  Speaker 1: that day? Defense, yes, Your Honor. Judge Graff, all right.
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  Speaker 1: And Mr. Robinson, you'll join us on that date, October
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  Speaker 1: 23rd at 1 p.m. Do any of the parties need
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  Speaker 1: the banner of the record before we adjourn? They all
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  Speaker 1: say no, and that's a wrap. All right, folks, so
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  Speaker 1: that's going to do it for the Tyler Robinson prelim hearing.
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  Speaker 1: Now we'll start moving on to some of the other
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  Speaker 1: court filings that have been provided to the public. All
• 9:32
  Speaker 1: the information that goes with this episode can be found
• 9:35
  Speaker 1: in the description box.