The prosecutors of Tyler Robinson are making a serious legal error.
The prosecutors of Tyler Robinson for the murder of Charlie Kirk, in their anger, are making a very serious legal error. Tyler Robinson is guilty of simple murder, by Utah Law, not aggravated murder, which requires circumstances that do not apply here. The prosecutors are attempting to argue, that because the shot he fired could have hurt someone else in the area, that he put others in "extreme danger". This is patently false, unless virtually all gun crimes are considered aggravated murder, and, they are not. The reason they are doing this, is because they want Tyler Robinson to inevitably be either executed, or have life in prison without parole, which are the only options for aggravated murder, under Utah law.
Now, Utah Law has a simple murder charge, which involved penalties from 15 years to life in prison. And, the judge has the option of stipulating that the defendant does not have the option of parole, if convicted. That is the correct charge here. Sure, Tyler might be out in 10, 15 or 20 years. That is a possibility. However, that is the normal procedure in these cases. The fact is, because Donald Trump took such an interest in this case, they're making a special issue to try to ensure Tyler is punished as severely as possible, whether this is legal, or not.
The problem from the prosecutors point of view here, is that Tyler is simply not guilty of aggravated murder, under Utah Law. He may have slightly increased the danger for the people in the area, but, he was obviously a skilled marksman, he only fired one carefully aimed shot, and no one else was touched, as he quite reasonably expected. The "extreme danger for others" criterion simply does not apply, and that is quite obvious.
Sure the prosecutors might talk the jury into a conviction. They don't care what the law says, they're just thinking that this is a guy who killed someone, and they want him punished as much as is possible.
However, Tyler can, quite literally, get dozens of appeals, over a period of decades. And, this conviction is illegal, and some judges with a legal bent are going to see this, and, they're going to acquit him. And, he can't be tried for simple murder, after the aggravated murder acquittal. Ever. That's double jeopardy, totally illegal under US law. Tyler will get acquitted, he will have no criminal record, and he will have an excellent case against the state of Utah for prosecutorial misconduct, that will make him a rich man. Is that what the prosecution really wants?
The prosecutors should go for what they certainly can get, a conviction for simple murder. They are making a serious legal error here, that they will certainly regret, in a few years, if not sooner.
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