A Utah judge ruled the man accused of killing conservative activist Charlie Kirk will stand trial, with prosecutors allowed to seek the death penalty.
Utah District Judge Tony Graf said there is enough evidence to “support a reasonable belief” that 23-year-old Tyler Robinson shot and killed Kirk while he was speaking to a crowd of thousands at Utah Valley University.
Graf’s decision followed final arguments from the prosecutors and the defense at a preliminary hearing.
Arguments over death penalty factor
Much of Tuesday’s argument centered on whether the shooting created a great risk of death to others — an aggravating factor that allows prosecutors to pursue the death penalty.
The defense argued prosecutors failed to show the shooting created a great risk of death to others around Kirk.
Prosecutors argued that firing a high-powered rifle into a crowd of more than 3,000 people created exactly that risk.
”On Sept. 10, 2025, the defendant, Tyler James Robinson, shot and killed Charlie Kirk because he disagreed with him,” Ryan McBride, Deputy Utah County Attorney, said. “And he did it by firing a high-powered rifle into a group of thousands who surrounded Charlie Kirk, literally on all sides. And he, like any rational person, knew that that would create a great risk of death to all those around Charlie Kirk.”
Judge Graf agreed the shooting created a great risk of death to others, allowing prosecutors to continue pursuing the death penalty.
Robinson could also face a potential sentencing enhancement if prosecutors can show he targeted Kirk because of his political beliefs. Prosecutors point in part to an unfired round found in the rifle bearing the message, “Hey Facist! CATCH!”
Response to the ruling
After the ruling, Robinson’s attorneys entered not guilty pleas on all counts, including aggravated murder.
Kirk’s family called the ruling “an important step in our family’s 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,” they said in a statement.
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