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. found that Deputy Utah County Attorney Christopher Ballard violated a gag order by expressing opinions about evidence strength in media interviews. However, Graf determined that prosecutors properly corrected what they characterized as misleading defense statements about ballistic evidence.
Rather than remove the death penalty as Robinson’s defense team requested, Graf said he would expand jury selection procedures to ensure impartiality. “The remedy is not to take the death penalty off the table,” Graf indicated in his ruling.
The Evidence Dispute
Prosecutors argued they complied with court orders when they responded to what they called a misleading defense filing. The defense had suggested that the ATF could not match the bullet to Robinson’s grandfather’s rifle, his 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.
The defense accused prosecutors of violating gag order rules through extensive media interviews. Prosecutors maintained they were correcting the public record.
Key Witness Granted Immunity
Lance Twiggs, a 22-year-old former roommate of Robinson, received limited immunity for statements provided to prosecutors during an April interview. Twiggs is expected to testify during Robinson’s preliminary hearing scheduled for early July.
According to court filings, Twiggs told investigators that Robinson admitted to carrying out the shooting, concealed the firearm, and disposed of related clothing. Limited immunity means Twiggs’ recorded statements cannot be used against him in future criminal proceedings.
Prosecutors indicated they would present recorded portions of Twiggs’ interview and text message exchanges with Robinson as evidence during the July hearing. Robinson’s defense team opposed compelling Twiggs to testify, arguing prosecutors already possessed his statements.
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.