A Utah judge has ruled that Tyler Robinson, 23, can face the death penalty in the killing of conservative activist Charlie Kirk. Robinson pleaded not guilty Tuesday to aggravated murder and six other charges stemming from the Sept. 10, 2025, shooting at Utah Valley University.
District Judge Tony Graf found probable cause for an aggravating circumstance related to the alleged risk to others at the crowded campus event, allowing prosecutors to continue seeking capital punishment. The defense had sought to remove the death penalty as an option.
Robinson was bound over for trial on one count of aggravated murder, one count of felony discharge of a firearm causing serious injury, two counts of obstruction of justice, two counts of witness tampering, and one count of committing a violent offense in front of a child. The judge could have proceeded with a lesser murder charge, which carries a sentence of at least 15 years to life imprisonment.
Prosecutors presented evidence over five days in July, arguing that Robinson, positioned about 400 feet away on a rooftop, fired a bolt-action rifle at Kirk, who was sitting under a tent. The prosecution contends that firing from that distance, with four rounds found in the alleged weapon, demonstrated Robinson’s awareness of the risk to the thousands of people present. A shot merely a degree off could have endangered others, they argued.
"There is a mountain of evidence that proves he is the shooter," said Ryan McBride, a prosecutor with the Utah County Attorney’s Office.
Defense attorney Staci Visser argued the state failed to prove the shooter "knowingly" risked people's lives. "There is one shot. There is one bullet. There is one victim," Visser told the court. "There was no evidence that would suggest that anyone else was threatened."
Beyond the risk to others, prosecutors also allege that Robinson targeted Kirk for his political views and fired in the presence of children. If proven at trial, these factors could influence sentencing. Prosecutors have previously stated that Kirk's critical stances on same-sex marriage and transgender rights may have motivated Robinson. "It’s not difficult to understand the motive here," McBride said.
Kirk, 31, co-founded Turning Point USA, a conservative organization influential in the youth movement that supported President Donald Trump. His death amplified concerns about political violence in the U.S.
Erika Kirk, Charlie Kirk's widow, called the judge's ruling "an important step in our family’s pursuit of justice." She added, "Every step in this process carries the weight of all that Charlie’s murder has taken from his family, especially his children who will grow up without their father."
Robinson and Erika Kirk were present for Tuesday's hearing in Provo. A pretrial conference is scheduled for Oct. 23, but no trial date has been set.