Judge Sends Charlie Kirk Assassination Case to Trial; Death Penalty Stays on the Table

Utah Fourth District Judge Tony Graf Jr. ruled Tuesday in Provo that prosecutors have probable cause on all seven counts against Tyler James Robinson, 23, in the Sept. 10, 2025, shooting death of Charlie Kirk at Utah Valley University, and bound the case over for trial. Robinson pleaded not guilty to every charge. Graf also found probable cause for the capital aggravating circumstance that the rooftop shot created a risk of death to others in the crowd, leaving the death penalty available if Robinson is convicted. Under Utah law, a capital sentence may be carried out by firing squad. Kirk’s widow, Erika Kirk, who now leads Turning Point USA, and his parents, Robert and Kathryn Kirk, were in the courtroom. Robinson’s family sat in the front. A trial date has not been set; the next status conference is scheduled for Oct. 23.

Kirk, 31, was shot once in the neck shortly after 12:23 p.m. MDT while speaking at an outdoor Turning Point USA campus event in Orem before a crowd prosecutors put at about 3,000, including children. He was pronounced dead at a local hospital. Authorities say Robinson, a former electrical apprentice from Washington, Utah, fired a Mauser-type bolt-action rifle from the roof of the Losee Center more than 400 feet away, then mixed into the crowd. He surrendered the next day after a 33-hour manhunt; prosecutors say his parents persuaded him to turn himself in after he confessed to them. The charges bound over are aggravated murder, a capital felony under Utah Code 76-5-202 including the aggravator that the defendant knowingly created a great risk of death to a person other than the victim; felony discharge of a firearm causing serious bodily injury; two counts of obstruction of justice; two counts of tampering with a witness; and a violent offense committed in the presence of a child. Graf said, viewing the record in the light most favorable to the state, the evidence “is sufficient at this stage to support a reasonable belief that the defendant is the individual who shot and killed Charlie Kirk,” and that “these circumstances support a reasonable inference that defendant was aware that other individuals were positioned near Mr. Kirk when he fired.” He declined to reduce the case to ordinary murder, which carries 15 years to life.

Prosecutor Ryan McBride told the court there was “a mountain of evidence that proves he is the shooter,” citing security video, digital records, eyewitnesses, and DNA consistent with Robinson on the rifle trigger, a spent casing, two unfired cartridges, and a towel used to wrap the gun. McBride said Robinson drove to campus, took the rooftop position, fired, and later texted his partner, Lance Twiggs, including a message prosecutors quote as “some hate can’t be negotiated out.” Court papers also describe a note to a roommate stating he had “the opportunity to take out Charlie Kirk and I’m going to take it.” Defense lawyers argued the state had not shown Robinson knew he was endangering anyone besides the intended target, challenged DNA testing, and said police failed to investigate whether someone else fired the shot. The preliminary-hearing standard is probable cause, not proof beyond a reasonable doubt. In June, Graf held Deputy Utah County Attorney Christopher Ballard in civil contempt for public comments on the strength of the case but refused to strike the death penalty as a sanction, calling that remedy “grossly disproportionate.” He said he would expand jury-selection procedures to address pretrial publicity. Prosecutors have filed notice they intend to seek death if Robinson is convicted. Erika Kirk has asked that the proceedings remain public.