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.
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