Shot created a great risk of death to others
Claim Contested Official case
The sole alleged death-penalty aggravator in the Information. State: four rounds into a 3,000-person courtyard. Defense 11 Aug 2026: one shot, above the crowd, intended target hit, no threats to others.
This is a legal element, not a who-did-it claim. Defense is arguing inside the state’s rooftop-shot story. If Graf strikes the aggravator, aggravated murder and the death notice can still be fought even if identity evidence is left standing. State reply was due 18 Aug 2026; this archive had not seen a public PDF that evening. Graf hears argument 1 Sep.