Does It Matter That ATF Couldn’t Identify the Bullet That Killed Charlie Kirk? Legal Experts Explain

Rick Egan/The Salt Lake Tribune via AP

There have been some big updates in the case against Tyler Robinson, the 22 year old charged with aggravated murder for allegedly shooting and killing Charlie Kirk on September 10 at Utah Valley University.

The Daily Mail got a lot of attention earlier this week with its headline: “Bullet used to kill Charlie Kirk did NOT match rifle allegedly used by suspect Tyler Robinson, new court filing claims.” The framing fed into conspiracy theories that there is more to the story about Kirk’s murder than has been disclosed and could also possibly be massive news for Robinson’s defense. 

In the wake of the report, Megyn and her team took a closer look at the filing in question. It came from the defense team and asked to delay or to even vacate an upcoming preliminary hearing so there would be more time for them to receive and examine evidence.

Here’s what it said: “Regarding the firearm evidence, the defense has been provided with an ATF [Bureau of Alcohol, Tobacco, Firearms and Explosives] summary report which indicates that the ATF was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr. Robinson.”

That ATF summary report has not been made public, but there was another filing earlier last month from media organizations seeking more access to documents in the case. Their attorneys were able to see the ATF report and report that it features “a comparison between a bullet jacket fragment recovered during an autopsy of Charlie Kirk and a rifle recovered by law enforcement.”

The filing quotes one sentence directly from the ATF report: “The result of the comparison was inconclusive.”

The Analysis

“Inconclusive” is not synonymous with “did not match,” so there are questions about whether this is as dramatic a development as The Daily Mail portrayed it to be. But on Wednesday’s show, Megyn brought in attorney and self-defense law expert Andrew Branca and criminal defense attorney Mark Geragos to figure out exactly what this means for the case. Keep scrolling for complete analysis.

Does it Matter ATF Couldn’t Identify the Bullet that Killed Kirk?

Megyn, Branca, and Geragos discuss the latest revelation about the bullet, the misleading Daily Mail headline, whether it matters legally that the ATF could not identify the bullet, and more.

The Truth About the Legal Relevance of No Exit Wound

Branca and Geragos explain the legal relevance of there being no exit wound in the Kirk assassination, the arguments the prosecution and defense will make, and more.

You can check out Megyn’s full interview with Branca and Geragos by tuning in to episode 1,286 on YouTube, Apple Podcasts, or wherever you like to listen. And don’t forget that you can catch The Megyn Kelly Show live on SiriusXM’s The Megyn Kelly Channel (channel 111) weekdays from 12pm to 2pm ET.