Utah: A former campus police officer testified on Monday that he discovered what appeared to be a "sniper pad" on a rooftop overlooking the location where conservative activist Charlie Kirk was assassinated, as prosecutors opened a five-day preliminary hearing to establish sufficient grounds for a murder trial.

Christopher Bagley, a former Utah Valley University officer, testified that he witnessed the shooting of Kirk on 10 September while the activist was addressing a large crowd. Shortly after the gunfire, Bagley inspected a nearby gravel rooftop where he identified signs that an individual had been lying prone with a direct line of sight to Kirk.

“It looks like a sniper pad,” Bagley said, noting that there were “markings of elbows, knees and feet.”

The hearing, held before District Judge Tony Graf, saw the presence of Kirk’s parents, Kathryn and Robert, and his widow, Erika. Donald Trump Jr. also attended the proceedings. Prosecutors are seeking the death penalty for 23-year-old Tyler Robinson, who surrendered to authorities the day after the killing.

Robinson, who appeared in court shackled and accompanied by his legal team, has not yet entered a plea. His attorneys have thus far been unsuccessful in their attempts to have capital punishment removed from consideration.

The court viewed graphic video footage of the assassination. Per Judge Graf’s orders, the footage was restricted from public dissemination. Agent David Hull of the Utah State Bureau of Investigations detailed the contents of the exhibits, which included scenes of the event, the moment Kirk was struck, and the subsequent efforts by security personnel to evacuate the activist while administering first aid.

The preliminary hearing serves to determine if there is reasonable cause to believe Robinson committed the crime. Legal experts suggest the threshold is significantly lower than the "beyond a reasonable doubt" standard required for a trial.

During cross-examination, defence attorney Kathryn Nester questioned Bagley regarding an empty pistol holster found at the scene, noting that the officer did not secure the item or verify if it had been processed for fingerprints. Nester also raised objections to various pieces of evidence, most of which were overruled. However, Judge Graf did block a compilation of surveillance footage that had been altered with zooms and highlights, prompting prosecutors to seek approval for the original, unedited versions on Tuesday.

Prosecutors intend to present DNA evidence linking Robinson to the weapon, alongside autopsy reports and witness testimony. They argue the shooting constitutes aggravated murder under Utah law because the gunfire endangered others in the vicinity of the campus event.

The state also intends to highlight an alleged note Robinson left for his roommate and romantic partner, which reportedly stated: “I had the opportunity to take out Charlie Kirk and I’m going to take it.” Prosecutors further allege that Robinson sent text messages stating he targeted Kirk because he “had enough of his hatred.”

Kirk, a prominent ally of President Donald Trump, was instrumental in mobilising the conservative youth vote. President Trump has publicly stated he supports the death penalty in this case.

In a statement released prior to the hearing, Erika Kirk expressed the difficulty of the proceedings. “Every court proceeding serves as a painful reminder of his death,” she wrote, “and the loss that has irrevocably impacted our lives and the lives of his children.”

With inputs from AP