Tyler Robinson, accused in the fatal shooting of conservative activist Charlie Kirk, returns to a Utah courtroom Tuesday for a hearing that could determine whether the aggravated murder charge, which carries the potential for the death penalty, remains in the case. The hearing before Judge Tony Graf Jr. will also address whether Robinson, 23, will enter a plea nearly a year after the slaying.
Robinson is accused of firing a single shot that killed Kirk, 31, during a Turning Point USA event at Utah Valley University in Orem, Utah, on Sept. 10, 2025. The defense has argued that prosecutors have not established enough probable cause for the aggravated murder charge, but legal experts suggest the judge is unlikely to remove the death penalty option at this preliminary stage.
"We're at a preliminary hearing stage, so we're at a very low burden," said Skye Lazaro, a Salt Lake City-based criminal defense attorney not involved in the case. "It's probable cause, and everything is taken in a light most favorable to the state."
The court held a week-long hearing in early July, followed by a period for both sides to file briefs. Prosecutors argue that the aggravating factor, making the charge eligible for the death penalty, is that Robinson allegedly endangered others by firing in a crowded place. Former FBI agent Greg Rogers stated that shooting into a crowd is inherently dangerous, especially when performed by an inexperienced individual.
"When you have a rank amateur that is shooting, it's clearly, clearly very dangerous," Rogers told Fox News Digital. He noted that even highly trained snipers would consider such a shot risky.
Prosecutors presented evidence including the suspected murder weapon, a .30-06 Mauser rifle, which they say had Robinson's DNA on it. Court documents indicate Robinson allegedly confessed to multiple individuals, including his roommate and romantic partner, Lance Twiggs. Surveillance video, ballistic evidence, an alleged handwritten confession, and witness statements were also presented.
One message to Twiggs allegedly read, "I had the opportunity to take out Charlie Kirk, and I took it." Prosecutors stated in court filings that Robinson confessed to friends and surrendered to law enforcement after the Sept. 10, 2025, incident in front of approximately 3,000 eyewitnesses.
If the judge finds sufficient probable cause to proceed, Robinson may be asked to enter a plea for the first time. Lazaro anticipates a not guilty plea unless a deal is struck to remove the death penalty from consideration, a move she deems unlikely given the prosecution's strong stance.
The defense has attempted to challenge the aggravating factor by arguing that only one shot was fired from an elevated position, which traveled over the crowd and struck only Kirk. Prosecutors countered this by presenting evidence that Robinson was an inaccurate shot, even during practice sessions with the suspected murder weapon.
Kirk's family, including his widow Erika and parents Rob and Kathy, are expected to attend the hearing, having also been present at the July proceedings. Lazaro noted that even if the case moves forward to trial, further pre-trial legal challenges are anticipated regarding evidence and expert testimony.