A former U.S. attorney predicted that Tyler Robinson’s motive when he allegedly assassinated Turning Point USA founder Charlie Kirk at Utah Valley University last night may play a key role in determining whether jurors return a death sentence.

Robinson, 22, is accused of assassinating Kirk with a bolt-action rifle during a speaking event on the Utah Valley University campus on September 10. He is being charged with aggravated murder, two counts of obstruction of justice and felony discharge of a firearm causing serious bodily injury, two counts of witness tampering and commission of a violent offense in the presence of a child.

In text messages with his transgender roommate and romantic partner, 22-year-old Lance Twiggs, Robinson allegedly said he killed Kirk because of his “hatred” towards transgender individuals, adding that “some hate can’t be negotiated out.”

Court documents indicate that Robinson texted Twiggs and told him to look under his keyboard, where he found a note. “I had the opportunity to take out Charlie Kirk, and I’m going to take it,” read a note photographed by Robinson’s roommate, according to authorities.

Tyler Robinson allegedly admitted to the killing in texts with his transgender romantic partner

While prosecutors are still gathering evidence, Utah Governor Spencer Cox and others have referred to the killing as a “political assassination.” The governor pointed to shell casings left behind at the scene, which were inscribed with messages like “hey fascist, catch!” and words to an Italian communist song popular with Antifa militants.

Former Assistant U.S. Attorney Neama Rahmani told Fox News that this evidence will likely play a significant role in the death penalty phase of the case. “The Utah County prosecutor is going to try to put Robinson to death and the motive for the killing is going to be something that is key evidence in the case. It’s going to dirty up Robinson,” Rahmani said.

Robinson will only face the death penalty if all 12 jurors agree to it, which will make the motive behind the slaying all the more important, Rahmani said.

“To the extent that the prosecution has to get 12 out of 12 jurors to return that death sentence. The motive for the crime will be an important reason why the prosecution may get there,” he said. “So when jurors are weighing the death penalty, the reason why someone killed another human being, if it was for political reasons, that’s certainly an aggravated factor.”

“Even one or two jurors could save Tyler Robinson’s life. And just from a pure numbers perspective, there are some people that have a difficult time looking another human being in the eye and giving them lethal injection or the firing squad,” Rahmani added. “The other possibility, of course, is they try to defend the case in the guilt phase. It’s going to be very hard to defend, but they’ll have to argue some sort of radicalization.”

In Utah, preliminary hearings can be delayed for months in cases involving serious felonies, sometimes up to a year. Robinson faces a top charge of aggravated murder, which carries the death penalty.

Robinson has not yet entered a plea. His next hearing is scheduled for October 30 in Provo, though there is a strong chance the hearing could be delayed again.

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