A Utah judge is expected to rule Tuesday on whether Tyler Robinson, 23, will stand trial for the murder of conservative activist Charlie Kirk and if prosecutors can seek the death penalty in the case. The decision from Fourth District Court Judge Tony Graf comes nearly a year after Kirk, 31, was shot and killed at Utah Valley University.
At a hearing in Provo, Utah, Graf will determine if there is sufficient evidence to try Robinson and allow prosecutors to pursue capital punishment. Robinson has not yet entered a plea. If the judge finds probable cause, an arraignment could follow, according to a Utah courts spokesperson.
Prosecutors allege Robinson, a former electrical apprentice, fired the single shot that killed Kirk on September 10, 2025, as Kirk was engaging in a debate with students. During a week-long preliminary hearing in July, prosecutors presented evidence they described as "overwhelming," including test results indicating Robinson's DNA was found on the murder weapon.
Robinson's defense attorneys have challenged the prosecution's DNA findings and argued that police did not adequately investigate evidence suggesting another individual might have been responsible for the killing.
Robinson is charged with aggravated murder, a count that carries the death penalty in Utah because it involves endangering the lives of others. His attorneys contend the shooting does not qualify as a capital offense because the shooter hit the intended target and did not put other lives at risk.
Prosecutors also suggest Robinson targeted Kirk, a co-founder of Turning Point USA who helped galvanize support for Donald Trump among young voters, due to Kirk's political stances against gay marriage and transgender rights. This argument could strengthen the prosecution's case for seeking the death penalty.
Robinson's lawyers have stated there is no evidence that Robinson disagreed with Kirk's political views. Following Kirk's death, his widow, Erika Kirk, who has since become CEO and board chair of Turning Point USA, stated she forgave the alleged shooter. She has not commented on the death penalty charge.
