PROVO, Utah — The man accused of fatally shooting conservative activist Charlie Kirk will face trial for aggravated murder, a Utah judge ruled Tuesday, keeping capital punishment on the table nearly a year after the killing shocked the conservative movement.
Judge binds defendant over on all seven counts
Fourth Judicial District Court Judge Tony Graf ruled that prosecutors had established probable cause on all seven counts against 23-year-old Tyler Robinson, including aggravated murder, felony discharge of a firearm, two counts of obstruction of justice, two counts of witness tampering, and a violent offense committed in the presence of a child. Following the ruling, defense attorneys entered not guilty pleas on Robinson’s behalf to all charges.
A pretrial conference is scheduled for October 23, when the judge is expected to address scheduling and set a trial date.
The fight over the capital charge
The central legal dispute was whether the murder charge could be elevated to a capital offense. Under Utah law, a murder charge can become aggravated murder — making it eligible for the death penalty — if prosecutors show the shooter knowingly created a grave risk of death to bystanders. Defense attorney Kathryn Nester argued Robinson fired a single shot from a distance directly at Kirk, over the heads of the crowd, without endangering others. Prosecutors countered that firing a high-powered rifle toward a crowd of roughly 3,000 people inherently disregards human life. Graf sided with the state, ruling that the proximity of attendees to the podium supported “a reasonable inference that defendant was aware that other individuals were positioned near Mr. Kirk when he fired.”
The shooting and case against Robinson
Kirk, the 31-year-old co-founder of Turning Point USA, was shot in the neck by a single rifle round while addressing a crowd at Utah Valley University in Orem on September 10, 2025. Robinson turned himself in the following day in Washington County, with help from a retired sheriff’s deputy after his parents confronted him with a police-released surveillance photo.
During a weeklong preliminary hearing in July, prosecutors presented DNA and ballistic evidence they said linked Robinson to the rifle and other items recovered after the shooting, including a towel used to wrap the weapon, a fired casing and two unfired cartridges. A former UVU police officer testified about a “sniper pad” found on a nearby rooftop, complete with knee and elbow impressions, a screwdriver, and a shoe print. Investigators said ammunition at the scene was engraved with the phrase “Hey fascist, catch!” Prosecutors also presented a note Robinson allegedly left for his roommate and partner, Lance Twiggs, reading “I had the opportunity to take out Charlie Kirk and I’m going to take it,” along with a text message stating, “I had enough of his hatred. Some hate can’t be negotiated out.”
Courtroom disputes over publicity and cameras
The case has already drawn procedural conflict. In June, Graf held Deputy Utah County Attorney Christopher Ballard in civil contempt for publicly commenting on ballistics evidence in violation of courtroom publicity rules. The defense sought to have the death penalty removed as a sanction, but Graf declined, opting instead to expand the jury pool and use more detailed juror questionnaires. Media access has remained a point of contention through the proceedings, with the judge permitting cameras in the courtroom under restrictions intended to limit close-up footage of Robinson.
Kirk family reacts
Kirk’s widow, Erika Kirk, and his parents, Robert and Kathryn Kirk, attended Tuesday’s hearing, stepping out during portions of the prosecution’s account of the shooting. The family issued a statement calling the ruling “an important step” in their pursuit of justice, adding that “every step in this process carries the weight of all that Charlie’s murder has taken from his family, especially his children who will grow up without their father.”
Erika Kirk, who succeeded her husband as CEO and board chair of Turning Point USA, had previously said at a memorial service that she forgave the shooter, citing her Christian faith. Her position differed from that of President Donald Trump, who has said he hopes Robinson receives the death penalty.
