A Utah judge has ruled that prosecutors can pursue the death penalty against Tyler Robinson, who is accused of assassinating Turning Point USA founder Charlie Kirk. The decision comes days before a pivotal preliminary hearing where prosecutors are expected to present evidence linking Robinson to the September 10, 2025, shooting at Utah Valley University.
Fourth District Judge Tony Graf Jr. denied Robinson's defense team's attempt to remove the death penalty as a possible punishment, deeming such a move "grossly disproportionate." The judge also found a Utah County prosecutor in civil contempt for making public comments that implied guilt, but stated that safeguards would be expanded for jury selection to ensure Robinson's right to a fair trial.
Separately, the Utah Supreme Court declined to hear Robinson's appeal to block cameras from the upcoming preliminary hearing. The court also deemed a request to delay the proceedings moot, allowing the hearing to proceed as scheduled.
Robinson, 23, is charged with aggravated murder in the shooting death of Kirk. Prosecutors allege he fatally shot Kirk during a public speaking event and then fled the scene. Robinson has not yet entered a plea. His defense team has faced multiple setbacks in pretrial rulings.
The preliminary hearing will provide the public with a detailed overview of the evidence gathered by prosecutors to establish probable cause that Robinson committed the alleged crimes. Two additional defense petitions challenging other pretrial orders remain pending before the Utah Supreme Court. One seeks to exclude certain hearsay evidence, and the other challenges a decision not to require a key witness to testify in person.