A Utah County prosecutor has been held in civil contempt by the judge overseeing the murder case of conservative activist Charlie Kirk. Utah County Prosecutor Christopher Ballard was found in contempt by Judge Tony Graf on Friday for conducting a "media tour" to discuss ballistic evidence, a move that Judge Graf ruled violated a prior gag order.
Despite the contempt finding against the prosecution, Judge Graf denied a request from the defense to remove the possibility of the death penalty for murder suspect Tyler Robinson. The judge stated that the sanction for contempt would be "grossly disproportionate" to the death penalty.
Ballard had spoken to media outlets in March to address a Bureau of Alcohol, Firearms and Tobacco report that concluded the bullet recovered from Kirk could not be definitively matched to the rifle prosecutors allege Robinson used. The ATF report described the evidence as "inconclusive."
Judge Graf acknowledged Ballard's right to respond to reporting on the ATF report but found that the prosecutor went too far by asserting he had "substantial evidence that proved Robinson's guilt." The judge determined this statement created a "substantial likelihood" of prejudicing potential jurors and violated the gag order that limits what attorneys can say about the case publicly.
The judge clarified that Ballard's actions were not malicious and that the contempt ruling was solely for enforcing the publicity order, not a reflection on the charges or Robinson's guilt. He indicated that careful screening of potential jurors could mitigate any bias resulting from Ballard's comments.
Robinson, 23, is charged with aggravated murder in the September 10, 2025, assassination of Kirk, the founder of Turning Point USA. Kirk was shot in the neck while addressing a crowd at Utah Valley University. Robinson has not yet entered a plea.
Robinson's defense team had cited the inconclusive ATF report in a motion to postpone the preliminary hearing. They noted that the defense had received a summary report indicating the ATF's inability to identify the bullet to Robinson's alleged rifle. The defense stated their intention to potentially call the ATF firearm analyst as an exculpatory witness.
Authorities have stated that DNA consistent with Robinson's was found on the rifle's trigger, a fired cartridge casing, two unfired cartridges, and a towel used to wrap the weapon. Both the prosecution and defense have expressed concerns that extensive media attention and "misinformation" could taint the jury pool.