Charlie Kirk killing suspect awaits trial decision from judge

Prosecutors have said they plan to seek the death penalty.

As Tyler Robinson waits to hear whether he'll stand trial on capital murder charges stemming from the fatal shooting of conservative activist Charlie Kirk, prosecutors told the presiding judge his decision to move the case to trial is "straightforward."

"This isn't a close case," prosecutors said in a written argument to Judge Tony Graf.

The Utah County Attorney's Office, which is prosecuting the high-profile case, filed its written argument in the 4th District Court in Provo, saying prosecutors have shown that there is enough probable cause to warrant a trial.

"This is likely as straightforward a bind-over decision as this Court will ever see," prosecutors said in their written argument filed with the court on Tuesday and reviewed by ABC News.

The written argument from the prosecution came weeks before a Sept. 1 hearing, where both sides are scheduled to present final oral arguments before Graf makes his decision on whether to hold a trial.

Defense attorneys have until Aug. 11 to file their written argument in the case.

Robinson is accused of killing Kirk with a rifle shot fired from a building's rooftop 200 feet from where the co‑founder of the conservative student organization Turning Point USA was speaking on Sept. 10, 2025, at an outdoor rally at Utah Valley University.

The 23-year-old Robinson is charged with aggravated murder, felony discharge of a firearm causing serious bodily injury, obstruction of justice, two counts of witness tampering and commission of a violent offense in the presence of a child.

Robinson has yet to enter a plea to the charges, and his attorneys have not issued any statements on his guilt or innocence.

Prosecutors have said they plan to seek the death penalty in the case.

During a week-long preliminary hearing earlier this month, prosecutors called several law enforcement witnesses and presented a series of security videos allegedly placing Robinson at the scene of the shooting. One of the videos showed Robinson on the roof of the building where the fatal shot that killed Kirk was fired from, prosecutors allege.

Prosecutors also presented a video statement from Robinson's roommate and romantic partner, Lance Twiggs, who claimed Robinson confessed to killing Kirk in a letter, text messages, and in person.

"He didn't go into detail. I just asked him in person what he said was true the night before, and he said it was," Twiggs said in the video filmed in April 2026 at the Utah County Attorney's Office. "He started crying a little bit, and he said he wishes he hadn't done it, and kept going around just doing stuff, I think to keep himself busy or distracted, or something."

In their filing on Tuesday, prosecutors alleged Robinson committed the homicide "in front of approximately 3,000 eyewitnesses" who attended the Kirk rally, and noted that Robinson surrendered to law enforcement after a massive manhunt for the shooter was launched.

"These admissions, along with others, establish probable cause to support most of the elements of the charges," prosecutors said in their written argument. "DNA testing, surveillance video, and eyewitness testimony buttress those elements and demonstrate probable cause to support the remaining elements."

Kirk's widow, Erika Kirk, and his parents, Robert and Kathryn, attended the preliminary hearing, sometimes leaving the courtroom to avoid seeing graphic evidence of the shooting. President Donald Trump's son, Donald Trump Jr., a friend of Charlie Kirk, was also in the courtroom for the preliminary hearing.

During the hearing, the Kirk family issued a joint statement, saying, "Every court proceeding serves as a painful reminder of his death and the loss that has irrevocably impacted our lives and the lives of his children. We remain deeply grateful for the support, prayers, and kindness we have received. This outpouring has sustained us during the darkest days of our lives."

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