Bullet Used in Charlie Kirk Murder Doesn't Match The Alleged Weapon, Defense Claims

There’s a new wrinkle in the case against Tyler Robinson, the 22-year-old charged with assassinating conservative activist Charlie Kirk. Defense attorneys revealed last week that federal ballistic analysis cannot link the bullet that killed Kirk to the rifle prosecutors say Robinson used.

Robinson faces charges of aggravated murder, along with multiple felony counts, for the September 10, 2025, killing of Kirk at Utah Valley University in Orem, Utah. Prosecutors are seeking the death penalty. The case seemed, from the outside, fairly straightforward: Robinson reportedly confessed to his father, who told a youth pastor with ties to the U.S. Marshals Service, and Robinson himself surrendered to the Washington County Sheriff's Office the following night. 

Prosecutors say DNA consistent with Robinson's was recovered from the trigger, the fired cartridge casing, and two unfired cartridges on the rifle found near the scene.

However, in a motion filed Friday, Robinson's attorneys disclosed that they had received an ATF summary report with an unexpected finding. "Regarding the firearm evidence, the defense has been provided with an ATF summary report which indicates that the ATF was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr. Robinson," the motion reads. The defense added, “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.”

Authorities recovered an old German bolt-action Mauser Model 98 .30-06 caliber rifle used in both World Wars from a forested area near the shooting site. The FBI is conducting additional ballistic tests, but the results are still pending. Until they arrive, the defense is sitting on an ATF report that they believe actively undermines the state's physical evidence narrative.

Here's, by the way, what a .30-06 does:

DNA questions are also piling up alongside the ballistic ones. Defense attorneys point out that forensic reports show multiple people's DNA on some items, which they argue demands more sophisticated analysis than a standard single-contributor examination. 

“As these cases indicate, determining the number of contributors to a DNA mixture, and determining whether the FBI and the ATF reliably applied validated and correct scientific procedures … is a complicated process which requires the assistance of various types of experts, including forensic biologists, geneticists, system engineers, and statisticians, all of whom must review and evaluate" several categories.

The defense has received roughly 20,000 files - 61,500 pages, 31 hours of audio, and more than 700 hours of video spread across 5,000-plus clips. Defense attorneys say it will take at least 60 days to make a first pass through the material, and are now asking the court to push the May 18 preliminary hearing back by at least six months.

The preliminary hearing itself is not a trial. It's the moment prosecutors must demonstrate sufficient cause to proceed. That makes the ATF report strategically critical right now. If the defense can successfully use it to cast doubt on the state's physical evidence package at this early stage, the downstream implications for a capital case are significant.

However, it’s debatable how crucial it really is. Prosecutors still have DNA evidence, an alleged text message in which Robinson reportedly told his romantic partner he targeted Kirk because he "had enough of his hatred," and witness testimony from Robinson's parents and roommate. The confession to his father remains a cornerstone of the state's case.

The defense is also pushing for a televised trial, insisting that having the court proceedings “as public as possible helps to quell and contradict the tide of misinformation," and will limit conspiracy theories.