Judge to rule on trial and possible death penalty for accused Charlie Kirk killer
Nearly a year after Charlie Kirk's fatal shooting, a Utah judge is set to decide whether Tyler Robinson will stand trial and whether prosecutors can pursue the death penalty.
A Utah judge is scheduled to rule on Tuesday at a 10am hearing in Provo on whether there is enough evidence to send Tyler Robinson, 23, to trial for the killing of conservative activist Charlie Kirk, and whether prosecutors may seek the death penalty against him.
Judge Tony Graf is expected to announce his decision from the bench following as much as four hours of closing arguments. Should he find probable cause, an arraignment could follow, according to a Utah courts spokesperson. Robinson has not yet entered a plea.
Prosecutors allege that Robinson, a former electrical apprentice, fired the single shot that killed the 31-year-old Kirk while he was debating with students at Utah Valley University in Orem on 10 September 2025.
Tuesday's hearing follows a week-long preliminary hearing held in July, which Kirk's widow, Erika Kirk, attended and was expected to attend again. During that earlier hearing, prosecutors presented what they described as overwhelming evidence, including DNA test results they say link Robinson to the murder weapon. Defense attorneys challenged the DNA analysis and argued police failed to pursue evidence pointing to another possible perpetrator.
Robinson faces an aggravated murder charge, based partly on the claim that he endangered others present at the event — a charge that makes the death penalty possible under Utah law. His defense contends the case does not meet the threshold for capital punishment, arguing the shooter struck his "intended target" without endangering anyone else.
Prosecutors further allege that Robinson, who was in a relationship with his roommate Lance Twiggs, targeted Kirk because of his political stances against same-sex marriage and transgender rights — an argument that could strengthen the case for the death penalty. Defense lawyers counter that no evidence shows Robinson disagreed with Kirk's political views.
Kirk co-founded Turning Point USA and was instrumental in building youth support for Donald Trump. Following his death, Erika Kirk became the organization's CEO and board chair. At a memorial event, she said she forgave the alleged shooter, though she has not commented publicly on the death penalty charge.
