Accused Charlie Kirk killer must stand trial and is eligible for death penalty, judge rules

Tony Graf to decide if there is sufficient evidence to try Tyler Robinson and allow prosecutors to seek death penalty

A Utah judge is expected to rule ⁠on whether the ⁠man accused of ​ killing Charlie Kirk should stand trial and whether he should face the death penalty.

Arguments were underway in Provo, Utah on Tuesday afternoon, after which judge Tony Graf ⁠will decide whether there is sufficient evidence to try Tyler Robinson, 23, and allow prosecutors to seek the death penalty for the murder of one of the US ⁠right’s most prominent figures.

Kirk was fatally shot while speaking during an event at Utah Valley University nearly a year ago.

Graf will rule from the bench after up to four hours of closing arguments. Should ​he find probable cause for a trial, ‌an arraignment could follow, a Utah ‌courts spokesperson said in an email. Robinson has yet to enter a plea.

The proceedings began Tuesday morning with Graf moving to allow cameras in the courtroom during the hearing, despite objections from the defense, and ruling on how the prosecution’s exhibits will be displayed.

The judge also warned the audience of people attending the hearing not to make comments or visible reactions while court was in session.

Prosecutors have accused the former ‌electrical apprentice of firing the single shot that killed Kirk, 31, as he debated with students at the Utah Valley University campus in Orem on 10 September 2025. On Tuesday, the prosecution argued there is a “mountain of evidence that proves [Robinson] is the shooter” and showed video of Robinson on campus the day of the shooting.

Tuesday’s proceedings follow a week-long preliminary hearing in July that was attended by Kirk’s widow, Erika Kirk. She was expected to be at Tuesday’s session.

During the preliminary hearing, prosecutors presented what they called “overwhelming” evidence, including test results that allegedly show Robinson’s DNA on ‌the murder weapon. Robinson’s lawyers questioned the prosecution’s DNA testing and said police failed to investigate evidence someone else might have carried out the killing.

Robinson is charged with aggravated ​murder for also endangering the lives of others at the event, a count that carries the death penalty in Utah. His attorneys have argued the shooting is not a capital offense as the shooter hit the “intended target” and did not put anyone else’s life at risk.

Prosecutors also allege Robinson, who was in a ⁠relationship with roommate Lance Twiggs, targeted Kirk for his political views against gay marriage and transgender ​rights. That argument could bolster ​the prosecution as it pursues the ​death penalty.

Defense lawyers have said there is no evidence Robinson disagreed with Kirk’s political ​views. Kirk, the co-founder of Turning ‌Point USA, helped ​build support for Donald Trump among young voters and aided Republican voter turnout efforts.

At a memorial following Kirk’s shooting, Erika Kirk, who became CEO and board chair of Turning Point USA after her husband’s death, said she forgave the alleged shooter. She has not commented on the death penalty charge.