A Utah judge has refused to consider edited surveillance footage presented by prosecutors in the preliminary hearings for Tyler Robinson, the man accused of murdering conservative activist Charlie Kirk. District Court Judge Tony Graf stated his concern that the altered video, which included zooms and circles, could become problematic for a jury.
The judge questioned the prosecution's inability to produce the original footage or the testimony of the individual who made the edits, noting he did not know how or when the manipulations occurred. Prosecutors argued the edits were made solely to enhance viewer clarity and that the footage was accurate, stating they intended to obtain the raw video later.
Robinson, 23, is accused of killing Kirk, a prominent Turning Point USA figure, on the Utah Valley University campus in September 2025. The ongoing hearings are intended to determine if there is sufficient evidence for Robinson to stand trial for aggravated murder. Prosecutors have indicated they will seek the death penalty if he is convicted. Robinson has not yet entered a plea.
During the initial day of hearings, Kirk's widow, Erika Kirk, attended the proceedings. Donald Trump Jr. and his wife, Bettina Anderson Trump, were also present to show support. Erika Kirk reportedly left the courtroom before audio of the shooting was played. Kirk's parents, Kathryn and Robert Kirk, were also in attendance, as were Robinson's parents, Matt and Amber Robinson.
Evidence presented by the prosecution is expected to include DNA linking Robinson to the alleged murder weapon and autopsy findings. The suspect has been in custody since his arrest shortly after the shooting, which occurred during a Turning Point USA debate at the university. According to reports, Robinson was seen laughing with his attorney during the hearing, though the context for this was unclear.
Utah Valley University police officer Chris Bagley testified as the prosecution's first witness. He described hearing a gunshot while Kirk was speaking and observing the crowd flee the scene. Bagley also testified to finding what appeared to be a "sniper pad" on a nearby building with a clear line of sight to where Kirk was seated. During cross-examination, the defense questioned Bagley about an empty pistol holster found at the scene, which he acknowledged was not taken into evidence and he could not confirm if it was fingerprinted.