A Utah judge ruled Friday that Tyler Robinson, accused of attempting to assassinate conservative activist Charlie Kirk, remains eligible for the death penalty if convicted.
Judge Tony Graf Jr. determined that Deputy Utah County Attorney Christopher Ballard violated a court gag order by expressing opinions about the strength of evidence against Robinson. However, Graf rejected Robinson’s request to remove capital punishment as a potential sentence, instead ordering expanded jury selection to ensure fairness.
What the Judge Decided
“The court finds that striking the death penalty is grossly disproportionate to the misconduct and legally unavailable in this civil contempt framework,” Graf said during the hearing.
The judge found Ballard acted improperly when he voiced confidence in the evidence against Robinson during media interviews. Prosecutors had argued they were simply correcting what they characterized as misleading statements from a defense court filing that generated viral coverage.
The dispute centered on ballistic evidence in the September 2025 shooting at a Turning Point USA event at Utah Valley University. The ATF described toolmark analysis as inconclusive and could not definitively match a bullet fragment to Robinson’s grandfather’s rifle, though the bullet caliber matched and a spent casing aligned with evidence from the scene.
The Immunity Development
Meanwhile, Lance Twiggs, a 22-year-old former roommate of Robinson, was granted limited immunity for statements provided to prosecutors during an April interview. Twiggs could serve as a key witness during a multi-day preliminary hearing scheduled for early July.
According to court filings, Twiggs told prosecutors that Robinson admitted to carrying out the shooting and instructed him not to contact law enforcement. Prosecutors disclosed they also possess text messages exchanged between the two men to use as evidence.
Robinson has not yet entered a plea and will not be required to do so until after his preliminary hearing. He is being held in jail and will appear by video during court proceedings.
Recent Case Developments
Graf also denied Robinson’s motion to stay the case while his defense team appeals an earlier ruling that denied their request to bar cameras from the courtroom. The decision keeps the case moving forward on its current timeline.
Prosecutors have charged Robinson in connection with Kirk’s death. The defense and prosecution have engaged in escalating accusations, with the defense claiming prosecutors violated the gag order through media appearances and prosecutors arguing the defense released misleading information through court filings.