Could Tyler Robinson’s alleged Discord messages be treated as a confession in death penalty case?
Amid the outcry following Charlie Kirk’s death, speculation mounted over whether Utah state prosecutors would seek the death penalty.
Tyler Robinson, the 22-year-old Utah man charged with aggravated murder in the shooting death of conservative activist Charlie Kirk, allegedly confessed to the killing on an online platform while in conversation with friends.
“Hey guys, I have bad news for you all,” reads a message belonging to Discord user Tyler Robinson. “It was me at UVU yesterday. im sorry for all of this.”
Discord provided a copy of the message with the confession to authorities, according to The Washington Post, which notes that the company is working closely with the FBI and local authorities.
In announcing aggravated murder charges Tuesday, a Utah County prosecutor said Robinson’s DNA was found on the trigger of the gun used to kill Kirk, who was shot in the neck while at a speaking event at Utah Valley University on Sept. 10.
Prosecutors shared details of text messages sent between Robinson and a romantic partner.
Shortly after the shooting on Wednesday, Robinson allegedly directed his partner to a note he had left under his keyboard, reading, “I had the opportunity to take out Charlie Kirk and I’m going to take it.”
Documents show his partner then texted Robinson, “You weren’t the one who did it, right????” to which he responded, “I am. I’m sorry.”
Prosecutors also filed a notice of intent to seek the death penalty.
As of Tuesday, Robinson has not confessed to authorities and is said to be uncooperative. Could his alleged Discord messages and texts legally qualify as a confession in a potential capital case?
Rose Zoltek-Jick, associate teaching professor and associate director of the Civil Rights and Restorative Justice Project at Northeastern, says all digital communications would be fair game in a case like this.
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“Any statement you make on social media is attributable to you, and is admissible, subject to the Constitution, as powerful evidence of your intent,” Zoltek-Jick says.
Indeed, digital evidence is a mainstay in the prosecution of all sorts of crimes.
“It is evidence of your state of mind, and evidence of culpability,” she says. “Anything a person says or writes anywhere at any time is admissible so long as it is relevant to the case, subject to the Constitution, and there seems to be no constitutional impediment to the admissibility of [Robinson’s] statements to his friends or social media.”
Zoltek-Jick says it will be up to the prosecution to prove that the Discord messages are his actual statements.
The rules of digital evidence stipulate that such messages must be authenticated, reliable and germane to the case in order to be admissible. But social media content obtained in violation of federal privacy laws, such as the Stored Communications Act, may be excluded if improperly accessed.
In Utah, prosecutors can seek the death penalty in the state only in cases in which an individual is charged with “aggravated murder” or “a murder that knowingly created a great risk of death” to another person besides the victim or defendant.
Utah law requires prosecutors to file a notice of intent within 60 days of an individual’s arraignment on aggravated murder charges so as to inform the court and defense that they plan to pursue the case as a capital felony.
Utah is one of 27 states where the death penalty is legal (despite this, it is rarely used). The Trump administration has pushed to preserve the death penalty in states that have it — and numerous officials, including Attorney General Pam Bondi, have advocated for its use more broadly.
“Usually people who talk about the death penalty before a defendant has even been arraigned have a political agenda — but it is plain, however, that Utah can carry out the penalty if a jury so decides,” says Michael Meltsner, the Matthews Distinguished University Professor of Law Emeritus.
Meltsner notes that Utah executed Gary Gilmore by firing squad in 1977 — the first use of capital punishment in the United States in nearly a decade.
There has been a nationwide surge in executions in 2025. According to the Marshall Project, 10 states have executed 30 people so far and another 13 executions are planned between now and the end of December.
“Part of the issue about the death penalty is that it’s available, but should only be sought in the appropriate case,” Zoltek-Jick says. “Advocates who are pro-death penalty argue that having it as a potential punishment is a deterrent, but that it should be used appropriately by prosecutors in the most serious of cases and by juries in the most serious of cases.”
“One of the ways one expresses condemnation in a civil society is criminal law,” Zoltek-Jick says. “Criminal law is a secular morality. And if we’re talking about public justice in this case, sanctioning or encouraging political violence that results in the murder of another person ought to be prosecuted to the fullest extent of the law, which could include the death penalty.”
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