A Utah judge has ruled that Tyler Robinson can stand trial for capital murder in connection with the fatal shooting of conservative activist Charlie Kirk. The decision by Judge Tony Graf means prosecutors can pursue the death penalty if Robinson is convicted.
During a hearing Tuesday, Graf stated that the evidence, when viewed in the light most favorable to the prosecution, is sufficient at this stage to support a reasonable belief that Robinson shot and killed Kirk. The judge also found that there was a known risk of death to others at the time of the shooting, a factor that allows prosecutors to seek capital punishment.
Robinson is accused of shooting Kirk with a rifle from a rooftop on Sept. 10, 2025, during an outdoor rally at Utah Valley University. Approximately 3,000 people were in attendance. Prosecutors allege that Robinson, 23, fired into the crowd, endangering many lives.
"The defendant, this man, Tyler James Robinson, shot and killed Charlie Kirk because he disagreed with him, and he did it by firing a high-powered rifle into a crowd of over 3,000 people, which created a great risk of death that anyone would know about," Utah County prosecutor Ryan McBride told the judge. McBride added that Robinson "came on a mission to kill Charlie Kirk, and if he missed, so be it. He was prepared to take other shots."
The defense team argued against the aggravating factor that makes the case eligible for the death penalty, contending that the evidence does not support the claim of a "great risk" to others. Defense attorneys also challenged charges related to alleged witness tampering, obstruction of justice, and the presence of children at the rally, questioning whether Robinson was aware of these factors or targeted Kirk due to his political views.
Prosecutors presented evidence including security videos that they allege place Robinson on the roof of the building from which the fatal shot was fired. They also cited a videotaped statement from Robinson's roommate and romantic partner, Lance Twiggs, who claimed Robinson confessed to the killing through a letter, text messages, and in person. A note allegedly from Robinson to his boyfriend was also cited as evidence.
Robinson was charged with aggravated murder, a capital felony, as well as felony discharge of a firearm, obstruction of justice, witness tampering, and commission of a violent offense in the presence of a child. He entered not guilty pleas to all charges.
The Kirk family released a statement following the judge's ruling, calling it an important step in their pursuit of justice. "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," the statement read. "We are grateful to all who have continued to pray for us, support us, and stand with us through a year of unimaginable grief."