A Utah judge is expected to decide on Tuesday whether Tyler Robinson will stand trial for the killing of conservative activist Charlie Kirk, and whether prosecutors will be allowed to pursue the death penalty.
Following a five-day preliminary hearing, Judge Tony Graf will hear closing arguments from the state and defense for a maximum of two hours each before ultimately giving his ruling.
Robinson, 23, is charged with aggravated murder and multiple other felonies in the September 2025 fatal shooting of Kirk at Utah Valley University, where he was engaging others with differing political views. Prosecutors have said they intend to seek the death penalty if Robinson is convicted.
Robinson’s attorneys have asked Graf to reject the aggravating circumstance that could make the killing eligible for capital punishment. They argue that prosecutors have not shown that the shooter knowingly created a “great risk of death” to anyone other than Kirk. Prosecutors counter that others were indeed at risk when the shot was fired.
The filing does not dispute for purposes of the preliminary hearing that Robinson was the shooter. Instead, his attorneys argue that the state has not produced sufficient evidence to support the aggravated murder charge and potential death penalty.
Prosecutors have also presented evidence they say ties Robinson to the shooting, including his alleged statements to people close to him. Robinson surrendered to the Washington County Sheriff’s Office about 33 hours after Kirk was shot, arriving with his parents and a family friend. Robinson’s father had reportedly confronted him after recognizing images of the suspected shooter released by authorities. According to investigators, Robinson also allegedly told his father that he was the shooter and made statements to his male roommate and romantic partner the day of the shooting that prosecutors say are confessions.
Investigators also recovered the rifle believed to have been used in the shooting, along with four bullet casings, one fired and three unfired, that had messages engraved on them. One unfired casing read, “Hey fascist! Catch!” while others referenced the Italian anti-fascist song “Bella Ciao” and read, “If you read this, you are gay LMAO.” Prosecutors have pointed to the engravings and other evidence as part of their case regarding Robinson’s motive.
Robinson’s defense has also repeatedly fought efforts to allow cameras and microphones in the courtroom, arguing that extensive media coverage could prejudice a future jury and undermine his right to a fair trial. Kirk’s family has asked the judge to allow full transparency, aiming to stop wild conspiracies being peddled online. Judge Graf ultimately allowed cameras during the preliminary hearing.
The defense has also attempted to remove the Utah County Attorney’s Office from the case, arguing there was a conflict of interest because Chief Deputy County Attorney Chad Grunander’s daughter attended the event where Kirk was killed and communicated with her father shortly after the shooting. The defense argued the connection could affect the office’s impartiality. Judge Graf rejected the motion in February.
A source close to the family told The Daily Wire that Kirk’s parents and his widow, Erika Kirk, will attend the hearing. Beyond a statement following the court’s ruling, the Kirk family will not speak with the media.
Related: Tyler Robinson’s Own Lawyers Undercut Claims He Was Framed In Charlie Kirk Murder
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