A Utah judge has ruled that the death penalty can remain on the table for Tyler Robinson, who is accused of fatally shooting Turning Point USA founder Charlie Kirk. In a written order, Fourth District Judge Tony Graf Jr. stated that there is probable cause to believe Robinson knowingly endangered bystanders when he allegedly fired the shot that killed Kirk.
Robinson, 23, has pleaded not guilty to seven charges, including aggravated murder, which carries a potential death sentence. The shooting occurred in broad daylight on Sept. 10, 2025, during a Turning Point USA event at Utah Valley University, where thousands of people were in attendance.
Bystander Risk
Judge Graf's decision hinges on the circumstances surrounding the shooting, specifically the proximity of other individuals to Kirk and evidence of Robinson's awareness of those positions. Kirk was on a small stage under a tent, answering questions from the audience. One questioner stood near Kirk, and security personnel were also present in and around the tent.
The prosecution alleges the fatal shot was fired from the rooftop of the Losee Center, approximately 415 feet away and 68 feet above Kirk's position. The bullet entered Kirk from front to back and downward, and did not exit his body.
Graf determined that the documented positions of people near Kirk, combined with the elevated and downward trajectory of the shot, allow for a reasonable inference that at least one third party was within the zone of danger. "Viewed favorably to the State, their documented positions in relation to the intended target, considered together with the elevated location and downward direction of the shot, permit a reasonable inference at the preliminary-hearing stage that at least one third party was within the relevant zone of danger and that the risk was more than an abstract possibility," the judge wrote.
Awareness and Intent
Further strengthening the state's case for the death penalty, Graf found probable cause that Robinson was aware of the danger to others. Evidence suggests Robinson may have visited the scene in advance and that his rifle was equipped with a scope.
"From the southwest roof area, there was a clear line of sight to Mr. Kirk's canopy," Graf noted. "The rifle also contained an optical accessory. Without making findings about the degree of magnification or precisely what Defendant saw through the optic, these circumstances support a reasonable inference that Defendant was aware that other individuals were positioned near Mr. Kirk when he fired."
Charges and Proceedings
Robinson faces seven charges in total, all of which Graf has cleared to proceed to trial. The aggravated murder charge is the sole count that could result in capital punishment, requiring proof that Robinson knowingly created a great risk of death to someone other than the intended victim. The prosecution also alleges that Robinson targeted Kirk for his political expression, an aggravating factor that does not directly influence the death penalty's applicability but is noted by the court.
Other charges include felony discharge of a firearm causing serious bodily injury, obstruction of justice, witness tampering, and committing a violent offense in front of a child. The latter charge elevates a misdemeanor offense to a felony and is a sentencing consideration for another count.
Robinson's defense attorneys entered not guilty pleas on his behalf. He is scheduled for a pretrial conference on Oct. 23, at which point a trial date may be set.