Accused Charlie Kirk killer must stand trial and is eligible for death penalty, judge rules

A Utah judge ruled Tuesday that the man accused of killing Charlie Kirk must stand trial for aggravated murder, a felony charge that makes him eligible for the death penalty if convicted.

After several hours of closing arguments in Provo, Utah, judge Tony Graf ruled there is sufficient evidence to try Tyler Robinson, 23, who has been charged with the murder of one of the US right’s most prominent figures.

Robinson pleaded not guilty after Graf’s ruling. A trial date has yet to be set.

A key factor in charging aggravated murder is whether the shooter knowingly created a risk of death to anyone else as he carried out the killing.

Judge Graf said: “These circumstances support a reasonable inference that defendant was aware that other individuals were positioned near Mr Kirk when he fired.”

Robinson’s attorneys had argued the shooting should not be a capital offense, as the shooter hit the “intended target” and did not put anyone else’s life at risk. Graf had the option to send the case to trial on a lesser charge of murder, which carries a minimum sentence of 15 years and a maximum of life in prison, said Steve Burton, director of the Utah Defense Attorney Association.

Kirk was fatally shot while speaking during an event at Utah Valley University nearly a year ago.

The proceedings began Tuesday morning with Graf moving to allow cameras in the courtroom during the hearing, despite objections from the defense, and ruling on how the prosecution’s exhibits will be displayed.

The judge also warned the audience of people attending the hearing not to make comments or visible reactions while court was in session.

Prosecutors have accused the former electrical apprentice of firing the single shot that killed Kirk, 31, as he debated with students at the Utah Valley University campus in Orem on 10 September 2025. On Tuesday, the prosecution argued there is a “mountain of evidence that proves [Robinson] is the shooter” and showed video of Robinson on campus the day of the shooting.

Tuesday’s proceedings follow a week-long preliminary hearing in July that was attended by Kirk’s widow, Erika Kirk. She attended Tuesday’s session.

During the preliminary hearing, prosecutors presented what they called “overwhelming” evidence, including test results that allegedly show Robinson’s DNA on the murder weapon. Robinson’s lawyers questioned the prosecution’s DNA testing and said police failed to investigate evidence someone else might have carried out the killing.

Prosecutors also allege Robinson, who was in a relationship with roommate Lance Twiggs, targeted Kirk for his political views against gay marriage and transgender rights. That argument could bolster the prosecution as it pursues the death penalty.

Defense lawyers have said there is no evidence Robinson disagreed with Kirk’s political views. Kirk, the co-founder of Turning Point USA, helped build support for Donald Trump among young voters and aided Republican voter turnout efforts.

At a memorial following Kirk’s shooting, Erika Kirk, who became CEO and board chair of Turning Point USA after her husband’s death, said she forgave the alleged shooter.

She has not commented on the death penalty charge.