Can Erika Kirk's forgiveness save Tyler Robinson from death row? Expert says Charlie Kirk murder case will go to trial

Amid speculations that the forgiveness of Erika née Frantzve alias Erika Kirk could help Tyler Robinson, the killer of her husband Charlie Kirk, avoid death penalty, a senior legal expert dismissed the claims, saying the accused will get the "ultimate punishment".

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Cully Stimson, who is a former prosecutor and defence attorney, told Fox News that the case will definitely go to trial and the defence would mount a case, pointing to Erika Kirk's comment. At her husband's funeral, Erika said, "That man, that young man, I forgive him. I forgive him because it’s what Christ did. And it’s what Charlie would do."

"Look, even the decedent's wife has forgiven our client, and therefore, there’s really no reason whatsoever to move forward with the death penalty," Stimson envisioned what the potential defence argument would look like.

'The case is not Erika Kirk v Tyler Robinson'

However, he said the case is not Kirk v. Robinson, but the State of Utah v. Robinson, adding that as a proxy, the state has more leverage to sent the suspect to death row, despite how defence showcases Erika's remarks.

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Stimson, who is the deputy director of the Heritage Foundation’s Edwin Meese Center for Legal and Judicial Studies, was a former George W. Bush administration Pentagon official and a retired Navy JAG.

"In general, state victims' rights statutes require the government – here, the prosecutor, to take into consideration the views of the victims or the victims' family members. That doesn't mean they have to follow them," he said.

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Stimson said Erika had the "strength of character and willingness" to forgive but that does not mean the state would not mete out the "ultimate punishment".

Utah is one of the few states in the US that allows firing squad as an execution method. But Utah has given capital punishment to only seven people since 1977.

What are the charges against Tyler Robinson?

Tyler Robinson is facing seven charges, including aggravated murder, which could lead to death penalty if convicted. He was also slapped with two counts of obstruction of justice for concealing the rifle used in shooting Charlie Kirk and for changing the clothes he wore during the crime.

He is also facing two counts of witness tampering as he asked his roommate to delete the "incriminating" text messages and asking the person to stay silent in case of police questioning.

Other charges include one count of felony discharge of a firearm and one count commission of a violent offence in the presence of a child.

Tyler Robinson is due for next hearing on September 29. He is being held at a special housing unit in Washington County Jail without possibility of bail.