- Defense argues the death penalty shouldn't apply because the bullet allegedly traveled above the crowd and only hit the intended target, so no one else was put in danger.
- Prosecutors counter with DNA tied to the weapon, alleged confessions, and a possible political motive tied to Kirk’s views that could increase charges.
- The case is still unfolding—prosecutors must respond by Aug. 18 and closing arguments in the preliminary hearing are set for Sept. 1 before a judge decides if it goes to trial.
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