A Utah judge ruled Friday that Tyler Robinson, accused of attempting to assassinate conservative activist Charlie Kirk, remains eligible for capital punishment if convicted.
Judge Tony Graf Jr. rejected Robinson’s request to remove the death penalty option despite finding that a prosecutor violated a gag order by discussing evidence strength in media interviews. Graf determined the violation did not warrant removing capital punishment as a potential sentence.
What the Judge Found
Graf noted that Deputy Utah County Attorney Christopher Ballard made statements to media outlets that crossed ethical lines. However, the judge concluded prosecutors properly corrected what he called misleading defense claims about ballistic evidence in response.
“The remedy is not to take the death penalty off the table,” Graf stated in his ruling. Instead, he said he would expand jury selection procedures to ensure impartiality during trial.
The Evidence Dispute
Robinson’s defense team had argued the ATF could not match the bullet to his grandfather’s rifle, the alleged murder weapon. 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.
Prosecutors argued they had a responsibility to correct the public record when defense filings made misleading claims about ballistic evidence.
Upcoming Testimony
Lance Twiggs, a 22-year-old former roommate of Robinson, received limited immunity and is expected to testify during a preliminary hearing scheduled for early July. Twiggs told investigators that Robinson admitted to carrying out the shooting, concealed the firearm, and disposed of related clothing, according to court filings.
Prosecutors indicated they would present recorded portions of Twiggs’ interview and text message exchanges with Robinson as evidence during the July hearing. Limited immunity means Twiggs’ statements cannot be used against him in future criminal proceedings.
Case Status
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.