Utah judge to decide if accused killer of Charlie Kirk will stand trial, face death penalty

Nearly a year after Charlie Kirk was shot dead at a Utah university, a judge is expected to rule on Tuesday whether the Utah man accused of killing the conservative activist will stand trial and whether he should face the death penalty.

At a 10am (4pm GMT) hearing in Provo, Utah, 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.

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.

Prosecutors have accused the former electrical apprentice of firing the single shot that killed Kirk, 31, as he debated with students at Utah Valley University in Orem on September 10 2025.

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 offence, 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.

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

At a memorial after 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.