Tyler Robinson, accused in the killing of Turning Point USA activist Charlie Kirk, asks a judge to take the death penalty off the table, according to the reporting. His defense argues prosecutors have not established the specific aggravating factor required to make the case eligible for capital punishment.

Both outlets describe the dispute as turning on what evidence supports the charge of aggravated murder. Fox News focuses on the defense’s claim that the prosecution has not proved the only aggravating factor that could raise the case to a death-penalty-eligible level. The New York Post emphasizes a related factual issue, describing whether Robinson put a crowd of spectators at the event at risk as a key element needed for aggravated murder.