Utah District Judge Tony Graf has drawn criticism for delaying his decision on whether to send Tyler Robinson to trial for the alleged assassination of Charlie Kirk. Graf announced Friday that he would postpone the ruling until September 1, nearly two months after concluding five days of pre-trial probable cause hearings.
The decision came despite a filing from Kirk's widow, Erika, urging a "prompt" determination based on what her legal team described as "overwhelming evidence."
"A prompt determination is imperative in the interest of justice," Erika Kirk's attorney, Jeffrey Nieman, wrote in the filing. "The Court is approaching the one-year anniversary of Charlie Kirk's death. Ten months have passed since the defendant was arrested, and the preliminary hearing has now concluded."
Critics have labeled the delay unusual. "It is very unusual. I have never seen a two-month delay on a probable cause hearing decision in my 19 years in law," said Joshua Kolsrud, a criminal defense attorney speaking to The Daily Mail. Kolsrud suggested the judge's relative inexperience on the bench, less than a year, might have contributed to the lengthy hearings and the subsequent delay.
Prosecutors presented a significant amount of evidence during the hearings, including DNA evidence linking Robinson to the rifle believed to be the murder weapon. ATF forensic biologist Caitlin Oliver testified that the DNA found on the rifle is "at least one trillion times more likely to have come from Tyler Robinson" than anyone else. Prosecutors also presented text messages and testimony from Robinson's former roommate, Lance Twiggs, who alleged Robinson confessed to the assassination. Twiggs claimed Robinson expressed regret, stating he "wishes he hadn't done it."
Evidence also included a handwritten note allegedly left by Robinson for Twiggs, which read, "I had the opportunity to take out Charlie Kirk and I'm going to take it." Text messages presented in court showed Robinson discussing attempts to retrieve the rifle from a "drop point" and hide it. "If I am able to grab my rifle unseen, I will have left no evidence," one message allegedly read. Robinson also purportedly discussed the planning, telling Twiggs he had been planning the shooting for "a bit over a week, I believe."
Further alleged confessions were presented, including statements made to Robinson's parents and a message posted on the gaming platform Discord. "Hey guys, I have bad news for you all. It was me at UVU yesterday. I'm sorry for all of this. I'm surrendering through a sheriff friend in a few moments," the Discord message stated. Twiggs cooperated with investigators and provided DNA, which was found on a towel wrapped around the murder weapon alongside Robinson's DNA. Robinson remains in custody.
Charlie Kirk was shot and killed on September 10, 2025, during a Turning Point USA event at Utah Valley University. His assassination date is approaching its one-year anniversary. Conservative commentator Megyn Kelly also criticized the judge's decision on her show, comparing Graf to Judge Lance Ito, who presided over the O.J. Simpson trial, calling Graf "feckless" and "terrified to make a decision."