Robinson’s defense team claims that an Alcohol, Tobacco & Firearms (ATF) summary report indicated that the agency “was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr. Robinson.”

“Although the State has not indicated an intent to produce this report at the preliminary hearing, the defense may very well decide to offer the testimony of the ATF firearm analyst as exculpatory evidence,” the filing states.

“In order to make this determination, it is necessary for the defense and its firearm expert to review the ATF case file and protocols relating to this examination, which have not yet been provided,” it continues. “The State has also indicated that the FBI is in the process of conducting a second comparative bullet analysis, as well as a bullet lead analysis, but that these analyses are not yet complete.”

Robinson is accused by authorities of killing Kirk while he was speaking at a Turning Point USA event on the campus of Utah Valley University in Orem, Utah on Sept. 10, 2025.

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Kirk was killed by a bullet fired from more than 100 yards away. A multi-day manhunt ensued, culminating in the arrest of Robinson, who authorities said was suspected by a family member, who subsequently alerted a friend.