Utah taxpayers could face a legal defense bill exceeding $10 million for Tyler Robinson, who is accused of assassinating conservative activist Charlie Kirk, according to legal experts. The significant potential cost stems from the complexity and lengthy appeals process inherent in capital murder cases.
Robinson's defense attorneys are employing a strategy of litigating extensively to pressure prosecutors into offering a plea deal for a life sentence without parole, said Neama Rahmani, a former prosecutor not involved with the case. This approach, while costly for taxpayers, is a common tactic in high-stakes legal battles.
Robinson, 23, is accused of fatally shooting Kirk, 31, a co-founder of Turning Point USA and father of two, while Kirk was speaking at Utah Valley University in Orem in September. The shooting occurred in front of thousands of attendees.
Initial funding of $1 million was approved by the Utah County Commission last year to cover salaries for both the defense and prosecution teams. By February, an additional $1 million from the state was anticipated for the defense, bringing the total to at least $2 million, with the county having already paid the defense team $349,000.
Robinson has been deemed unable to afford his own defense and is therefore entitled to a specialized legal team with expertise in appeals, which commands higher fees. Taxpayers are responsible for these costs as the case progresses slowly.
More than 10 months after the September shooting, a trial date has yet to be set. Robinson's lawyers have filed numerous motions, including requests to restrict media presence in court and to disqualify prosecutors, in an apparent effort to negotiate a plea agreement.
Rahmani suggested that Robinson's defense team is attempting to replicate the strategy used in the Bryan Kohberger quadruple homicide case, where defense efforts aimed to remove the death penalty option. "If the state offered a plea deal and a life sentence, the taxpayers would save millions and millions of dollars," Rahmani stated, noting that life imprisonment is typically less expensive than a death sentence due to the extensive appeals process.
Judge Tony Graf, who is presiding over the case, is proceeding with caution, which has contributed to the delays. Rahmani believes the judge's meticulous approach is aimed at avoiding any errors that could lead to appeals being overturned.
Utah defense lawyer Nathan Evershed corroborated that a delay strategy is common in capital cases to facilitate plea deal negotiations. "Usually what happens is that the longer a case can get delayed, the more of a chance there can be an off-ramp or a plea deal," Evershed said. He added that plea deals are more attainable as emotions surrounding a case subside.
Evershed also anticipates high costs due to the specialized lawyers, potential expert witnesses for both the guilt and sentencing phases, and the extended duration of the proceedings. "It's going to cost quite a bit of money to get to that point," he said. "And the only people that will be paying for that are the taxpayers."
Recently, Judge Graf concluded a preliminary hearing that lasted several days. He is now tasked with determining if sufficient probable cause exists to proceed to trial, a process that serves as Utah's alternative to grand jury indictments. This hearing, originally scheduled for May, was delayed by two months, and Graf indicated he would not issue a ruling until further arguments in September.
A trial date will only be set after Graf's ruling and Robinson's arraignment, should probable cause be established. Robinson remains in custody. Kirk's family members attended the preliminary hearings, where graphic video evidence of the shooting was presented.