WEBVTT
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What's up, everyone, and welcome back to the program. In
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this episode, we're going to pick back up where we
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00:00:05.669 --> 00:00:09.449
left off with day number six of the Tyler Robinson
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prelim hearing. Judge Graff, you're in the presence of all
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parties and Mr. Robinson, Ms. Kirk as well. I appreciate
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your patience with the court. The court takes this responsibility
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very seriously. And going into today's hearing, I read the briefs.
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00:00:26.660 --> 00:00:29.199
I looked at the evidence time and time again. and
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00:00:29.239 --> 00:00:32.159
came in with a basic format of my ruling. But
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I saved, I felt it was important not to reach
11
00:00:34.880 --> 00:00:38.899
ultimate conclusions until after the oral argument. And so that's
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what's taking additional time to keep an open mind, even
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up until this point. With that in mind, I just
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remind the parties that I understand that this can affect
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all sides. Mr. Robinson and those associated with him, Ms.
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Kirk and those associated with her. So I ask you
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to do your best as we move forward and the
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court will begin reading its ruling. Before the court is
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state motion to bind defendant Tyler James Robinson over in
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trial in district court. And all seven counts charged in
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the information. The charges include count one, aggravated murder, a
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capital offense, together with the state's victim targeting notice. Count two,
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felony discharge of a firearm causing serious bodily injury, a
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first degree felony. Counts three and four, obstruction of justice,
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Second-degree felonies, counts 5 and 6, tampering with witness. Third-degree felonies,
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and counts 7, a violent offense committed in the presence
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of a child. A Class B misdemeanor, which the state
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alleges is reclassified as a Class A misdemeanor under 76-3-203.14.
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And I'm going to admit reading the citations just in
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the interest of time. I will be filing this within
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24 hours, so that will be there. The court acting
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as a magistrate conducted a five-day prelim hearing from July
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6th to July 10th this year. The court received testimony
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from several witnesses, including Utah State Bureau of Investigation agent
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Brian Davis and David Hull, FBI forensic, DNA examiner Amanda Baker,
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and Bureau of Alcohol, Tobacco, Firearms, and Explosives Samantha Karner.
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The court also provisionally admitted and reviewed extensive video and
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other exhibits. Following the evidentiary hearing, the court ordered post-hearing briefing.
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The state filed its memorandum in support of a prelim
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hearing bind over on July 28, 2026. Defendant filed his
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prelim hearing briefing on August 11, 2026, and the state
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filed its reply memorandum on August 18, 2026. Oral argument
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was heard today. Having considered the party's written submissions, the
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evidence admitted at the prelim hearing The arguments of counsel
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and governing authorities the court enters this ruling and order.
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The findings and conclusions in this ruling and order are
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preliminary and apply only to the standards governing a Utah
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prelim hearing. They do not determine defendant's guilt, the ultimate
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credibility of witnesses, the weight of the evidence, or the
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admissibility of evidence at trial. On September 10, 2025, Turning
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Point USA hosted an event at Utah Valley University in Orem, Utah.
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The event included public discussion of political and social, cultural,
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and religious issues. Charlie Kirk, the founder of Turning Point USA,
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was the headline speaker and was scheduled to speak to
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participants and answer the questions. The event took place in
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the campus courtyard, an outdoor amphitheater located in the middle
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of several campus buildings. Thousands of participants gathered in the
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courtyard and surrounding areas, including at least two children. A
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white canopy tent was set up on the west side
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of the courtyard adjacent to the Hall of Flags, a
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raised walkway that runs north and south through campus. Mr.
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Kirk entered the courtyard by walking underneath the Hall of
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Flags to the white tent. At approximately 12.20, Mr. Kirk
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was seated on the raised chair under the middle of
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the tent behind a U-shaped table, a man standing to
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the right of and behind Mr. Kirk southwest at an
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unknown distance from Mr. Kirk. The man was close enough
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that his body is positioned under the tent. Another man
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was standing to the left of and in front of Mr. Kirk,
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the tent northeast, at an unknown distance from Mr. Kirk.
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Another man was standing to the right and in front
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of Mr. Kirk and the tent southeast. A participant was
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standing at the microphone positioned in front of the tent
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east at an unknown distance from Mr. Kirk. The front
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row of the crowd of participants was located east of
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the microphone and at an unknown distance from Mr. Kirk.
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The participant at the microphone and the crowd were separated
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from Mr. Kirk's tent by a patch of grass of
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unknown dimensions and barriers. At approximately 12.23 that afternoon, Mr.
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Kirk was answering a question from a participant standing at
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the microphone. Officer Christopher Bailey with the Utah Valley University
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Campus Police heard a rifle shot from the east. He
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saw Mr. Kirk lean, fall to his left, The man
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standing to Mr. Kirk's right took more than two steps
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to reach Mr. Kirk's side. Mr. Kirk's security team carried
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him out of the courtyard, under the Hall of Flags,
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and to the hospital where he was pronounced dead. Mr.
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Kirk died by a gunshot wound to his neck. Forensic
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examination of bullet fragments found in Mr. Kirk's body revealed
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the bullet to be a. 30 caliber class round. The
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trajectory of the bullet was anatomically from the front to back,
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slightly left to right, and downward. The bullet did not
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exit Mr. Kirk's body, but came to rest and tissues
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in his upper back, left of the middle line. Officer
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Bagley searched the roof of the Losey Center, a campus
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building east of, but not directly adjacent to the courtyard.
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The top of the Losey building is made up of
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two shades of gravel, a dark gray and a lighter gray.
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It has four stories, including an atrium on the roof.
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There's public outside stairway attached to the building, that leads
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to the pathway going east. A guardrail protects the roof
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of the Losey Center from the pathway, but the guardrail
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is short enough to be jumped over. When persons stand
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on the southwest corner of the roof of the Losey Center,
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there is a clear line of sight to the white
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canopy tent where Charlie Kirk was sitting. Officer Bagley found
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a red and black screwdriver approximately 10 to 15 feet
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west of the guardrail on the roof of the Losey Center.
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He saw disturbances in the rooftop gravel On the southwest
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corner of the building, the disturbances were described by Officer
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Bagley as consistent with a sniper pad, meaning a place
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where a person was lying in a prone position with
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a line of sight to where Mr. Kirk had been seated.
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The distance from the perch area to the tent was
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approximately 415 feet angled downward. The elevation difference between the
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perch and the tent is approximately 68 feet. Around 6 p.m.
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that day, Investigators located a rifle wrapped in a black
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towel in a wooded area on the north side of
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Campus Drive, an area to the northeast of the Losee Center.
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The rifle was a Mauser Model 98 bolt-action that had
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been retrofitted to a. 30- 06 barrel and was in operable condition.
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It contained an optical accessory. A bolt-action rifle requires a
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user to manipulate the bolt to load it, lock it,
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and extract anything that's in it, including a spent shell casing.
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When investigators located the rifle, they found one. 36 fired cartridge,
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casing as well as three unfired cartridges. The casing and
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unfired cartridge had engravings on them. The towel, rifle, casing,
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and cartridges were sent to the FBI for testing. Further
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investigation revealed that in the early morning hours of September 10, 2025, Mr.
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Robinson left his apartment in St. George, Utah and traveled
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to Utah Valley Campus in Orem, Utah. At 8.30 a.m.,
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a gray or silver Dodge Charger entered the parking garage
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on campus. The Charger, including its distinctive wheels, is consistent
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with a car owned by Mr. Robinson. A person identified
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as Mr. Robinson exited the Charger and walked on foot
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out of the parking garage toward the outdoor amphitheater on campus.
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He was wearing a maroon short-sleeved shirt, shorts, a hat,
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and a backpack. He spoke with representatives from Turning Point USA,
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then returned to his vehicle and at approximately 9.25 a.m.
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He drove out of the parking garage. Video surveillance captured
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a person identified as Mr. Robinson returning to campus on
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foot from the northeast just after 10 a.m. He had
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had a Chick-fil-A in the Sorenson Center, one of the
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buildings adjacent to the outdoor amphitheater. He then walked to
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the northeast of campus to a wooded area and on
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to the north side of the campus drive. Just prior
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to 11 a.m., he returned to campus and walked up
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the exterior stairway of the low-sea center building to the
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guardrail that, if climbed over, could give access to the
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roof of the building. He then walked back down the
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stairs and off campus. At 11.53 a.m., a person identified
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as Mr. Robinson then returned to campus, wearing the same
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shoes but different clothing, a dark long-sleeved shirt, jeans, and
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a backpack. He walked with a gait or a limp,
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his right leg stiff. He had nothing in his hands.
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Video surveillance just afternoon captured a person wearing a dark
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clothing and a backpack slowly walking and limping down the
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sidewalk in front of the Losey Center toward the exterior
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staircase that leads to the roof. At approximately 12.15 p.m.,
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video surveillance captured the person wearing a dark long-sleeved shirt
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and pants at the top of the exterior staircase of
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the Losey Center. The person climbs or rolls over the
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guardrail separating the walkway from the roof of the At
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approximately 12.22pm, the same person is seen running toward the
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southwest corner of the rooftop of the Losey Center. He
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crouches down, crawls and stops in a prone position for
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approximately 45 seconds. He then gets up and runs from
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the southwest corner of the roof to the northeast corner
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of the roof. He is holding a long skinny dark
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object in his hand. He lowers himself off the roof
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and lands on the grass. He walks towards Campus Drive.
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crosses the street, and enters the wooded area. At approximately
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11 p.m., Mr. Lance Twiggs, Mr. Robinson's roommate, whom he
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had been dating, received a text from Mr. Robinson, phone number.
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The text told Mr. Twiggs to look under his keyboard.
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Under the keyboard was a note purportedly written by Robinson
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explaining that he had left the house that morning on
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a mission. All right, folks, we're going to wrap up
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right here, and in the next episode, we're going to
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pick up where we left off. All the information that
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goes with this episode can be found in the description box.
1
00:00:00.300 --> 00:00:03.600
What's up, everyone, and welcome back to the program. In
2
00:00:03.640 --> 00:00:05.639
this episode, we're going to pick back up where we
3
00:00:05.669 --> 00:00:09.449
left off with day number six of the Tyler Robinson
4
00:00:09.509 --> 00:00:14.429
prelim hearing. Judge Graff, you're in the presence of all
5
00:00:14.470 --> 00:00:18.570
parties and Mr. Robinson, Ms. Kirk as well. I appreciate
6
00:00:18.609 --> 00:00:22.339
your patience with the court. The court takes this responsibility
7
00:00:22.399 --> 00:00:26.280
very seriously. And going into today's hearing, I read the briefs.
8
00:00:26.660 --> 00:00:29.199
I looked at the evidence time and time again. and
9
00:00:29.239 --> 00:00:32.159
came in with a basic format of my ruling. But
10
00:00:32.200 --> 00:00:34.520
I saved, I felt it was important not to reach
11
00:00:34.880 --> 00:00:38.899
ultimate conclusions until after the oral argument. And so that's
12
00:00:38.960 --> 00:00:42.219
what's taking additional time to keep an open mind, even
13
00:00:42.259 --> 00:00:45.509
up until this point. With that in mind, I just
14
00:00:45.549 --> 00:00:48.409
remind the parties that I understand that this can affect
15
00:00:48.479 --> 00:00:52.469
all sides. Mr. Robinson and those associated with him, Ms.
16
00:00:52.509 --> 00:00:56.250
Kirk and those associated with her. So I ask you
17
00:00:56.270 --> 00:00:58.450
to do your best as we move forward and the
18
00:00:58.490 --> 00:01:02.450
court will begin reading its ruling. Before the court is
19
00:01:02.469 --> 00:01:05.909
state motion to bind defendant Tyler James Robinson over in
20
00:01:05.930 --> 00:01:09.989
trial in district court. And all seven counts charged in
21
00:01:10.030 --> 00:01:14.819
the information. The charges include count one, aggravated murder, a
22
00:01:14.840 --> 00:01:19.319
capital offense, together with the state's victim targeting notice. Count two,
23
00:01:19.900 --> 00:01:24.540
felony discharge of a firearm causing serious bodily injury, a
24
00:01:24.579 --> 00:01:28.400
first degree felony. Counts three and four, obstruction of justice,
25
00:01:28.810 --> 00:01:34.370
Second-degree felonies, counts 5 and 6, tampering with witness. Third-degree felonies,
26
00:01:34.810 --> 00:01:38.450
and counts 7, a violent offense committed in the presence
27
00:01:38.469 --> 00:01:41.780
of a child. A Class B misdemeanor, which the state
28
00:01:41.819 --> 00:01:45.980
alleges is reclassified as a Class A misdemeanor under 76-3-203.14.
29
00:01:46.420 --> 00:01:51.879
And I'm going to admit reading the citations just in
30
00:01:51.900 --> 00:01:54.969
the interest of time. I will be filing this within
31
00:01:54.969 --> 00:01:58.209
24 hours, so that will be there. The court acting
32
00:01:58.269 --> 00:02:01.640
as a magistrate conducted a five-day prelim hearing from July
33
00:02:01.939 --> 00:02:05.700
6th to July 10th this year. The court received testimony
34
00:02:05.739 --> 00:02:09.659
from several witnesses, including Utah State Bureau of Investigation agent
35
00:02:09.960 --> 00:02:15.449
Brian Davis and David Hull, FBI forensic, DNA examiner Amanda Baker,
36
00:02:15.909 --> 00:02:20.050
and Bureau of Alcohol, Tobacco, Firearms, and Explosives Samantha Karner.
37
00:02:20.770 --> 00:02:24.469
The court also provisionally admitted and reviewed extensive video and
38
00:02:24.509 --> 00:02:29.460
other exhibits. Following the evidentiary hearing, the court ordered post-hearing briefing.
39
00:02:30.199 --> 00:02:33.080
The state filed its memorandum in support of a prelim
40
00:02:33.099 --> 00:02:38.229
hearing bind over on July 28, 2026. Defendant filed his
41
00:02:38.270 --> 00:02:42.550
prelim hearing briefing on August 11, 2026, and the state
42
00:02:42.569 --> 00:02:48.629
filed its reply memorandum on August 18, 2026. Oral argument
43
00:02:48.689 --> 00:02:52.800
was heard today. Having considered the party's written submissions, the
44
00:02:52.860 --> 00:02:56.349
evidence admitted at the prelim hearing The arguments of counsel
45
00:02:56.629 --> 00:02:59.689
and governing authorities the court enters this ruling and order.
46
00:03:00.689 --> 00:03:03.830
The findings and conclusions in this ruling and order are
47
00:03:03.930 --> 00:03:07.810
preliminary and apply only to the standards governing a Utah
48
00:03:07.830 --> 00:03:11.930
prelim hearing. They do not determine defendant's guilt, the ultimate
49
00:03:11.969 --> 00:03:15.509
credibility of witnesses, the weight of the evidence, or the
50
00:03:15.550 --> 00:03:20.479
admissibility of evidence at trial. On September 10, 2025, Turning
51
00:03:20.520 --> 00:03:24.800
Point USA hosted an event at Utah Valley University in Orem, Utah.
52
00:03:25.449 --> 00:03:30.379
The event included public discussion of political and social, cultural,
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and religious issues. Charlie Kirk, the founder of Turning Point USA,
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was the headline speaker and was scheduled to speak to
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participants and answer the questions. The event took place in
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the campus courtyard, an outdoor amphitheater located in the middle
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of several campus buildings. Thousands of participants gathered in the
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courtyard and surrounding areas, including at least two children. A
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white canopy tent was set up on the west side
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of the courtyard adjacent to the Hall of Flags, a
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raised walkway that runs north and south through campus. Mr.
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Kirk entered the courtyard by walking underneath the Hall of
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Flags to the white tent. At approximately 12.20, Mr. Kirk
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was seated on the raised chair under the middle of
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the tent behind a U-shaped table, a man standing to
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the right of and behind Mr. Kirk southwest at an
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unknown distance from Mr. Kirk. The man was close enough
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that his body is positioned under the tent. Another man
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was standing to the left of and in front of Mr. Kirk,
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the tent northeast, at an unknown distance from Mr. Kirk.
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Another man was standing to the right and in front
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of Mr. Kirk and the tent southeast. A participant was
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standing at the microphone positioned in front of the tent
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east at an unknown distance from Mr. Kirk. The front
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row of the crowd of participants was located east of
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the microphone and at an unknown distance from Mr. Kirk.
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The participant at the microphone and the crowd were separated
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from Mr. Kirk's tent by a patch of grass of
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unknown dimensions and barriers. At approximately 12.23 that afternoon, Mr.
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Kirk was answering a question from a participant standing at
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the microphone. Officer Christopher Bailey with the Utah Valley University
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Campus Police heard a rifle shot from the east. He
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saw Mr. Kirk lean, fall to his left, The man
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standing to Mr. Kirk's right took more than two steps
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to reach Mr. Kirk's side. Mr. Kirk's security team carried
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him out of the courtyard, under the Hall of Flags,
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and to the hospital where he was pronounced dead. Mr.
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Kirk died by a gunshot wound to his neck. Forensic
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examination of bullet fragments found in Mr. Kirk's body revealed
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the bullet to be a. 30 caliber class round. The
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trajectory of the bullet was anatomically from the front to back,
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slightly left to right, and downward. The bullet did not
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exit Mr. Kirk's body, but came to rest and tissues
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in his upper back, left of the middle line. Officer
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Bagley searched the roof of the Losey Center, a campus
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building east of, but not directly adjacent to the courtyard.
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The top of the Losey building is made up of
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two shades of gravel, a dark gray and a lighter gray.
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It has four stories, including an atrium on the roof.
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There's public outside stairway attached to the building, that leads
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to the pathway going east. A guardrail protects the roof
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of the Losey Center from the pathway, but the guardrail
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is short enough to be jumped over. When persons stand
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on the southwest corner of the roof of the Losey Center,
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there is a clear line of sight to the white
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canopy tent where Charlie Kirk was sitting. Officer Bagley found
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a red and black screwdriver approximately 10 to 15 feet
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west of the guardrail on the roof of the Losey Center.
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He saw disturbances in the rooftop gravel On the southwest
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corner of the building, the disturbances were described by Officer
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Bagley as consistent with a sniper pad, meaning a place
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where a person was lying in a prone position with
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a line of sight to where Mr. Kirk had been seated.
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The distance from the perch area to the tent was
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approximately 415 feet angled downward. The elevation difference between the
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perch and the tent is approximately 68 feet. Around 6 p.m.
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that day, Investigators located a rifle wrapped in a black
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towel in a wooded area on the north side of
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Campus Drive, an area to the northeast of the Losee Center.
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The rifle was a Mauser Model 98 bolt-action that had
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been retrofitted to a. 30- 06 barrel and was in operable condition.
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It contained an optical accessory. A bolt-action rifle requires a
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user to manipulate the bolt to load it, lock it,
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and extract anything that's in it, including a spent shell casing.
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When investigators located the rifle, they found one. 36 fired cartridge,
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casing as well as three unfired cartridges. The casing and
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unfired cartridge had engravings on them. The towel, rifle, casing,
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and cartridges were sent to the FBI for testing. Further
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investigation revealed that in the early morning hours of September 10, 2025, Mr.
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Robinson left his apartment in St. George, Utah and traveled
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to Utah Valley Campus in Orem, Utah. At 8.30 a.m.,
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a gray or silver Dodge Charger entered the parking garage
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on campus. The Charger, including its distinctive wheels, is consistent
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with a car owned by Mr. Robinson. A person identified
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as Mr. Robinson exited the Charger and walked on foot
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out of the parking garage toward the outdoor amphitheater on campus.
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He was wearing a maroon short-sleeved shirt, shorts, a hat,
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and a backpack. He spoke with representatives from Turning Point USA,
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then returned to his vehicle and at approximately 9.25 a.m.
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He drove out of the parking garage. Video surveillance captured
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a person identified as Mr. Robinson returning to campus on
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foot from the northeast just after 10 a.m. He had
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had a Chick-fil-A in the Sorenson Center, one of the
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buildings adjacent to the outdoor amphitheater. He then walked to
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the northeast of campus to a wooded area and on
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to the north side of the campus drive. Just prior
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to 11 a.m., he returned to campus and walked up
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the exterior stairway of the low-sea center building to the
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guardrail that, if climbed over, could give access to the
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roof of the building. He then walked back down the
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stairs and off campus. At 11.53 a.m., a person identified
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as Mr. Robinson then returned to campus, wearing the same
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shoes but different clothing, a dark long-sleeved shirt, jeans, and
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a backpack. He walked with a gait or a limp,
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his right leg stiff. He had nothing in his hands.
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Video surveillance just afternoon captured a person wearing a dark
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clothing and a backpack slowly walking and limping down the
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sidewalk in front of the Losey Center toward the exterior
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staircase that leads to the roof. At approximately 12.15 p.m.,
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video surveillance captured the person wearing a dark long-sleeved shirt
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and pants at the top of the exterior staircase of
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the Losey Center. The person climbs or rolls over the
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guardrail separating the walkway from the roof of the At
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approximately 12.22pm, the same person is seen running toward the
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southwest corner of the rooftop of the Losey Center. He
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crouches down, crawls and stops in a prone position for
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approximately 45 seconds. He then gets up and runs from
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the southwest corner of the roof to the northeast corner
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of the roof. He is holding a long skinny dark
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object in his hand. He lowers himself off the roof
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and lands on the grass. He walks towards Campus Drive.
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crosses the street, and enters the wooded area. At approximately
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11 p.m., Mr. Lance Twiggs, Mr. Robinson's roommate, whom he
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had been dating, received a text from Mr. Robinson, phone number.
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The text told Mr. Twiggs to look under his keyboard.
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Under the keyboard was a note purportedly written by Robinson
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explaining that he had left the house that morning on
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a mission. All right, folks, we're going to wrap up
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right here, and in the next episode, we're going to
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pick up where we left off. All the information that
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goes with this episode can be found in the description box.