A filing referencing and quoting an already-existing Federal Bureau of Alcohol, Tobacco, Firearms and Explosives report in the case against Tyler Robinson, who is charged in the murder of Charlie Kirk, was recently made public by the judge.
Last month, the defense filed a request with the judge asking to either vacate or delay the upcoming preliminary hearing in May because they do not yet have all the evidence needed to prepare their case.
In that filing was information regarding the bullet recovered from Kirk’s body. The ATF, the defense said, “was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr. Robinson.” Robinson’s team added that they could possibly have the ATF firearm analyst testify before the court as “exculpatory evidence.”
The “bullet jacket fragment could not be identified or excluded as having been fired from the Exhibit 1 rifle based on an agreement of all discernible class characteristics and neither sufficient agreement nor sufficient disagreement of individual characteristics. The result of the comparison was inconclusive,” per the ATF report, now made publicly available.
But prosecutors say additional testing identified DNA consistent with Robinson’s on the firearm, a towel, and three of the four cartridges inside the alleged murder weapon, a Mauser 98 30-06 rifle, a gun Robinson reportedly received as a gift from his grandfather, according to Fox News.
The bullet jacket fragment obtained from Kirk’s autopsy could not be definitively matched to the rifle, due to its condition, but the report notes that its characteristics are consistent with multiple types of firearms.
Judge Tony Graf ruled the report referenced earlier this month in filings could be declassified, finding that it did not hold any “private or inflammatory information,” Fox News added.
Robinson’s next court appearance is scheduled for Friday, April 17.