A Utah judge ruled Tuesday that Tyler Robinson, the man accused of fatally shooting conservative activist Charlie Kirk, should face trial on murder charges, and the case is eligible for the death penalty.
Utah District Court Judge Tony Graf made the ruling after prosecutors presented evidence they described as "overwhelming" that a capital trial was warranted for Robinson, 23, in the killing of Kirk, a prominent figure on the American political right. Defense lawyers had argued that the shooting did not meet the legal standard for a death penalty charge.
Robinson faces seven charges, including aggravated murder for allegedly endangering others at the event where Kirk was killed. This charge carries the potential for the death penalty in Utah. An arraignment is scheduled to follow the probable cause ruling, and Robinson has not yet entered a plea.
Utah County attorneys allege that Robinson, a former apprentice electrician, fired the single shot that killed Kirk, 31, on September 10, 2025, as Kirk was holding one of his signature campus debates at Utah Valley University in Orem.
During the hearing, Utah County prosecutor Ryan McBride presented cellphone video footage that he contended showed Robinson in a sniper position before the shooting. McBride also displayed photographs he said demonstrated that Robinson created a "great risk of death" to others, noting that Kirk's security detail was positioned near him when he was shot. The prosecutor stated that the four rounds found in Robinson's rifle indicated the shooter was prepared to fire additional shots, further endangering the crowd of over 3,000 people present for the event.
Defense attorney Staci Visser countered that the shooting endangered only Kirk and argued the crime did not meet the criteria for aggravated murder. Visser stated that the assailant shot once and fled without engaging with others or reloading the weapon, emphasizing that "There is one act. There is one shot. There is one bullet. There is one victim." The defense also questioned the reliability of DNA test results presented by the prosecution, which allegedly placed Robinson's DNA on the weapon.
McBride suggested that Robinson targeted Kirk due to the activist's political stances against gay marriage and transgender rights. He cited an alleged text message from Robinson to his former boyfriend, Lance Twiggs, stating that he shot Kirk because "some hate can’t be negotiated out." Defense attorney Richard Novak argued that the meaning of "hate" in the message was unclear and did not definitively indicate opposition to Kirk's political views.
Kirk, a co-founder of the conservative youth organization Turning Point USA, was known for energizing young voters. His killing, captured on cellphone video, has become part of a broader discussion regarding political violence in the United States. Among those in attendance at the hearing were Kirk's parents, Robert and Kathryn, and his wife, Erika, who has taken over leadership of his organization. Erika Kirk has previously stated she forgave the alleged shooter but has not commented on the death penalty charge.