Tyler Robinson prosecutors say defense fueled viral misinformation in Charlie Kirk assassination case

In an ironic twist, prosecutors also noted the defense's claim had gone viral after being picked up in the media.

He argued that prosecutors have done nothing wrong because while court rules, like Utah Rule of Professional Conduct 3.6(c), and a gag order limit what can be said about the case, they allow attorneys on both sides to "set the record straight."

The claim, which Ballard described as misleading and "misstated," generated millions of views from just one report - and inspired additional coverage in local and national media, the prosecutor wrote.

It also fanned the flames of unverified claims that other people could have been responsible for Kirk's murder.

But the defense left out a crucial piece of context, according to Ballard.

"The ATF was unable to identify or exclude the bullet as having been fired from the rifle," he wrote, emphasizing the missing information in italics.

"Defendant reinforced this misleading inference by following it up with, 'the defense may very well decide to offer the testimony of the ATF firearm analyst as exculpatory evidence,'" he added.

In response, members of the prosecution team attempted to provide more context in public interviews, explaining the ATF's conclusions while noting the defendant was innocent until proven guilty, Ballard wrote.

If the prosecution's public statements are the issue, the defense already has them, he noted.

An appendix to the ATF report explained that "inconclusive" findings mean that it was "an examiner's opinion that there is an insufficient quality and/or quantity of individual characteristics to identify or exclude."

Experts have told Fox News Digital that it's not unusual for a bullet to disintegrate on impact, making ballistic identification unlikely.

Gruesome video shows the bullet struck Kirk in the neck in front of a crowd of roughly 3,000 people. He died from the injury.

Prosecutors have said campus police found marks left behind on the gravel rooftop moments after the shooting "consistent with a sniper having lain [there] - impressions in the gravel potentially left by the elbows, knees and feet of a person in a prone shooting position."

"Stuck in Orem for a little while longer yet," Robinson allegedly wrote in the hours after the murder. "Shouldn't be long until I can come home, but I gotta grab my rifle still."

Twiggs is cooperating with investigators and has not been charged with a crime.