Judge rules alleged Charlie Kirk killer can stand trial for capital murder

Judge Tony Graf's decision follows final oral arguments from both sides Tuesday.

A Utah judge ruled that Tyler Robinson can stand trial on a capital murder charge stemming from the fatal shooting of conservative activist Charlie Kirk.

Judge Tony Graf's decision follows final oral arguments from both sides in the high-profile case in a Provo courtroom on Tuesday, during which attorneys primarily debated an aggravating factor that would make Robinson eligible for the death penalty if convicted.

"Viewed in the light most favorable to the prosecution, this evidence is sufficient at this stage to support a reasonable belief the defendant is the individual who shot and killed Charlie Kirk," Graf said.

The judge also found that there was a reasonable known risk of death to others at the time of the shooting, allowing prosecutors to pursue the death penalty.

A statement on behalf of the Kirk family said the judge's decision marked 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 said. "We are grateful to all who have continued to pray for us, support us, and stand with us through a year of unimaginable grief."

The statement continued: "As the next phase of the judicial process begins, our family remains united in our love for Charlie, our commitment to the pursuit of justice, and our prayer for a transparent and timely process."

Robinson is accused of killing Kirk with a rifle shot fired from a building's rooftop approximately 415 feet from where the co‑founder of the conservative student organization Turning Point USA was speaking at an outdoor rally at Utah Valley University in Orem, Utah, on Sept. 10, 2025.

The 23-year-old suspect was charged with aggravated murder, a capital felony, which alleges that others were knowingly endangered in the shooting. He was also charged with felony discharge of a firearm causing serious bodily injury, obstruction of justice, witness tampering and commission of a violent offense in the presence of a child.

Judge Graf found probable cause for Robinson to stand trial on all charges. Not guilty pleas were entered on the defendant's behalf following the judge's ruling.

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

"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 during Tuesday's hearing.

McBride said there is a "mountain of evidence" proving Robinson is the gunman who killed Kirk -- citing video footage, DNA evidence on the suspected murder weapon and an alleged admission by Robinson in a note to his boyfriend -- and argued that the alleged politically motivated shooting posed a great risk of death to others, including children, who were at the rally.

"It's not that the defendant didn't see all these people. He obviously did. He had to. It's that he didn't care," McBride said. "He came on a mission to kill Charlie Kirk, and if he missed, so be it. He was prepared to take other shots. Let the casualties be what they may."

Defense attorney Staci Visser asked the judge to strike the "great risk of death" aggravating factor that makes the offense eligible for the death penalty, arguing during Tuesday's hearing that it's not supported by the facts of the case.

"There's nothing in this evidence showing that there was a great risk that someone else was going to be killed," she said.

Defense attorneys also challenged charges and enhancements alleging that Robinson knew children were present during the shooting, tampered with a witness by telling his boyfriend to "ask for a lawyer and stay silent" if questioned by the police, and targeted Kirk because of the conservative activist's political expression.

"There's no evidence as to really what was in Mr. Robinson's mind, if in fact he was the shooter, about Charlie Kirk, because we have no testimony that Mr. Robinson had ever spoken about Charlie Kirk, that he had ever heard anything he'd said, that he'd ever discussed anything," defense attorney Richard Novak said during Tuesday's hearing.

During a week-long preliminary hearing in July, 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 alleged.

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

In a written argument filed ahead of Tuesday's hearing, prosecutors said they showed 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 stated.

In its written argument, the defense countered that the state failed to establish probable cause due to its "extensive use" of hearsay evidence that it said was not assessed for reliability.

"For this reason alone, the Court must decline bindover," the defense stated.

The defense cited alleged communications between Robinson and Twiggs, who did not testify in the preliminary hearing, that were admitted through Twigg's videotaped interview.

Defense attorneys also argued in the filing that prosecutors failed to meet the burden of proof for the aggravated murder charge.

Prosecutors alleged in their filing that Robinson "fired a high-powered rifle towards a crowd of thousands," endangering the lives of "everyone who was in his line of fire" or near Kirk. In response, the defense said only a single shot was fired above the crowd and argued that the evidence does not support that "the shooter was aware that there was a high probability that someone else may die from his single gunshot that hit the intended victim."

A B C News' Alex Stone and B ill Hutchinson contri b uted to this report.

Related Topics

Sponsored Content by Taboola