Tyler Robinson knew he was putting other people in danger when he allegedly shot and killed Charlie Kirk last year, Utah County prosecutors argue in a new court filing.

That’s why he should be charged with aggravated murder and face the death penalty, they say.

Prosecutors made the argument in response to Robinson’s defense team, which contends the state failed to show he put others in danger on Sept. 10. That’s when, prosecutors have said, Robinson used his grandfather’s rifle to fire a single shot from atop a Utah Valley University building toward a crowd of thousands gathered for Kirk’s Turning Point USA event. The bullet struck Kirk in the neck.

Deputy Utah County Attorney Chris Ballard noted in his filing that the defense didn’t challenge the substance of the evidence prosecutors presented at the preliminary hearing: that it was Robinson who crawled to a “sniper’s perch” atop the building, fired the shot, hid a rifle, ditched his clothing, then told his romantic partner to delete their texts about the shooting.

Instead, his attorneys focused on the state’s decision to charge him with aggravated murder, which would make him eligible for the death penalty.

Not every homicide in Utah is a capital crime. Prosecutors must show the killing was especially egregious, and prove what’s called an “aggravating factor.”

In Kirk’s killing, they argue Robinson put others at risk of death when he fired into the crowd. And he was ready to keep firing, prosecutors have argued, because evidence shows he had three more bullets loaded in the rifle.

In the latest filing, Ballard also noted there were several people near Kirk when he was shot. Robinson would have seen them, Ballard asserted, and likely knew he could miss his target.

Prosecutors pointed to paper shooting targets investigators found in Robinson’s apartment, riddled with bullet holes far from the bullseye. (His defense team has argued there’s no evidence these paper targets had any connection to the homicide.)

Robinson’s defense team previously argued that prosecutors need to show more than a “possibility” that someone else could have been hurt that day, arguing they must instead show there was a “high probability” and the defendant knew it.

They asked 4th District Judge Tony Graf to strike the aggravating factor — which would make Robinson ineligible for the death penalty if convicted.

These arguments come as Graf weighs whether prosecutors have shown there’s enough evidence for the case to move forward. The attorneys will argue in court on Sept. 1, then Graf will likely issue a written ruling later.