Utah prosecutors are presenting evidence at a five-day preliminary hearing to persuade a state judge to send to trial the man accused in the assassination of Charlie Kirk and to keep the death penalty as an option.

The defendant, Tyler Robinson, 23, is charged with aggravated murder in the Sept. 10 killing of Charlie Kirk, a conservative activist and ally of President Donald Trump, at Utah Valley University. Robinson turned himself in the day after the shooting and has not entered a plea.

Prosecutors say Robinson confessed in a note left for his roommate—who is also identified as his romantic partner—containing a statement that prosecutors allege indicated he had the opportunity to take out Kirk. Prosecutors also plan to use DNA evidence linking Robinson to the suspected murder weapon, along with testimony from investigators, autopsy findings, witness statements, and video of the killing.

Although the hearing will resemble a mini-trial, the legal standard is lower than at trial. Prosecutors only need to show there are “reasonable grounds” to believe Robinson killed Kirk; at trial, prosecutors must prove guilt beyond a reasonable doubt.

Prosecutors also plan to argue an aggravating circumstance under Utah law—that the shooting endangered others at Kirk’s campus event—which could make the case eligible for the death penalty. Robinson’s attorneys have sought to remove the death penalty from the table so far without success.

When the hearing ends, state District Judge Tony Graf will decide whether there is enough evidence for the case to proceed to trial.