A Utah judge ruled Friday that Tyler Robinson, accused of attempting to assassinate conservative activist Charlie Kirk, remains eligible for capital punishment if convicted of aggravated murder.
Judge Tony Graf Jr. rejected the defense’s request to remove the death penalty option, finding that while prosecutors violated a gag order through media statements, the violation did not warrant such a remedy. Instead, Graf said he would expand jury selection procedures to ensure impartiality among potential jurors.
What the Judge Found
Graf determined that Deputy Utah County Attorney Christopher Ballard violated the gag order by expressing opinions about evidence strength during media interviews. However, the judge ruled that prosecutors properly corrected what they characterized as misleading defense statements about ballistic evidence related to the alleged murder weapon.
“The remedy is not to take the death penalty off the table,” Graf stated in his ruling. Prosecutors argued they were responding to what they called a misleading defense filing about whether the ATF could match the bullet to Robinson’s grandfather’s rifle.
The Evidence Questions
According to court records, the ATF described its toolmark analysis as inconclusive but noted the bullet’s caliber matched the rifle and a spent casing matched evidence from the September 10, 2025 shooting at Utah Valley University. The defense accused prosecutors of violating gag order rules through extensive media interviews to counter this narrative.
Key Witness Agreement
Lance Twiggs, a 22-year-old former roommate of Robinson, received limited immunity for statements provided to prosecutors during an April interview. According to court filings, Twiggs told investigators that Robinson admitted to carrying out the shooting, concealed the firearm, and disposed of related clothing.
Twiggs is expected to testify during Robinson’s preliminary hearing scheduled for early July. Prosecutors indicated they would present recorded portions of Twiggs’ interview and text message exchanges with Robinson as evidence.
What Comes Next
Robinson has not yet entered a plea and remains detained. He appeared by video during Friday’s hearing and is not expected to enter a plea until after his preliminary hearing concludes.
This week, Graf also denied Robinson’s motion to halt the case while the defense appeals the judge’s earlier decision to allow courtroom cameras. Robinson faces charges including aggravated murder.
