Victoria Toensing, a former deputy assistant attorney general, told Newsmax that prosecutors handling the case against accused Charlie Kirk assassin Tyler Robinson are helped by a well-written statute.
Toensing told "The Chris Salcedo Show" that Utah's aggravated murder charge — unlike similar statutes in many other states — allows prosecutors to seek the death penalty upon conviction.
She described the statute, saying, "Utah has a good aggravated murder statute because aggravated murder usually takes a specific intent to kill somebody, plus something else."
She explained Utah state legislators added what amounts to a catch-all phrase in the statute. "And in Utah, it says if you kill somebody in a cruel, depraved, and heinous manner, then you can have the death penalty."
That, she said, sets Utah apart and allows more latitude for prosecutors in the case. "So they are fortunate to have that catch-all, and they can use the death penalty for aggravated assault."
The 22-year-old Robinson was officially charged on Tuesday with the murder of conservative leader Kirk at a Utah campus speaking event last week. Prosecutors alleged Robinson left behind telltale DNA on the rifle that fired the fatal shot.
FBI Director Kash Patel revealed Tuesday during testimony before a Senate committee that nearly two dozen other people are under investigation in connection with the case, all tied to an online chat room used by Robinson.
GET TODAY NEWSMAX+:
NEWSMAX is the fastest-growing cable news channel in America with more than 30 million people watching!
Reuters Institute reports NEWSMAX is one of the top news brands in the U.S.
You need to watch NEWSMAX today.
Get it with great shows from Rob Schmitt, Greta Van Susteren, Greg Kelly, Carl Higbie, Rob Finnerty – and many more!
Find the NEWSMAX channel on your cable system – Go Here Now
BEST OFFER:
Sign up for NEWSMAX+ and get NEWSMAX, our streaming channel NEWSMAX2 and our military channel World at War.
Find hundreds of shows, movies and specials.
Even get Jon Voight's special series and President Trump's comedy programs and much more!
Watch NEWSMAX+ on your smartphone or home TV app.
Watch NEWSMAX anytime, anywhere!
Start your FREE trial now: NewsmaxPlus.com
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
© 2025 Newsmax. All rights reserved.