A Utah judge will decide Tuesday whether Tyler Robinson will stand trial for aggravated murder in the killing of Charlie Kirk.

That charge would make Robinson eligible for the death penalty.

Prosecutors spent five days in July presenting what they called “overwhelming” evidence against the 23-year-old defendant.

Robinson turned himself in a day after the shooting at Utah Valley University last September.

He has not entered a plea.

His lawyers have focused on blocking the trial and removing the death penalty option.

Heavy security surrounded the courthouse in Provo, where Kirk’s parents arrived arm in arm.

The judge could send the case to trial on a lesser murder charge, which carries 15 years to life in prison.

He could also dismiss the charges, allowing prosecutors to refile them.

A key factor is whether the shooting endangered others.

Defense attorneys said the shooter “hit the intended target,” but prosecutors said many people were in a “zone of danger” around Kirk.

Prosecutors also argue Robinson targeted Kirk for his political beliefs.

They cite an engraved bullet reading “Hey Facist! CATCH!” and a note saying, “I had the opportunity to take out Charlie Kirk, and I took it.”

Robinson’s lawyers say the evidence for political motivation is weak.

They also challenged DNA tests linking Robinson to the rifle.

The judge plans to announce his decision from the bench after final arguments Tuesday.