A Utah judge ruled Tuesday that the man accused of killing Charlie Kirk must stand trial for aggravated murder, a felony charge that makes him eligible for the death penalty if convicted. After several hours of closing arguments in Provo, Utah, judge Tony Graf ruled there is sufficient evidence to try Tyler Robinson, 23, who has been charged with the murder of one of the US right’s most prominent figures. Robinson pleaded not guilty after Graf’s ruling. A trial date has yet to be set.
Tyler Robinson, the man accused of assassinating conservative activist Charlie Kirk, will stand trial after a Utah judge ruled Tuesday that prosecutors presented enough evidence to move forward on all seven charges against him. Robinson pleaded not guilty to all charges moments after Judge Tony Graf issued the ruling. Graf also ruled that prosecutors may continue seeking the death penalty in the case. He found that the state established probable cause for the victim-targeting allegation, allowing the capital sentencing enhancement to move forward.
Judge Tony Graf
A key factor in charging aggravated murder is whether the shooter knowingly created a risk of death to anyone else as he carried out the killing. Judge Graf said that these circumstances support a reasonable inference that the defendant was aware that other individuals were positioned near Mr. Kirk when he fired.
Robinson’s attorneys had argued the shooting should not be a capital offense, as the shooter hit the intended target
and did not put anyone else’s life at risk. Graf had the option to send the case to trial on a lesser charge of murder, which carries a minimum sentence of 15 years and a maximum of life in prison, said Steve Burton, director of the Utah Defense Attorney Association.
Kirk was fatally shot while speaking during an event at Utah Valley University nearly a year ago. The proceedings began Tuesday morning with Graf moving to allow cameras in the courtroom during the hearing, despite objections from the defense, and ruling on how the prosecution’s exhibits will be displayed. The judge also warned the audience of people attending the hearing not to make comments or visible reactions while court was in session.
Prosecutors have accused the former electrical apprentice of firing the single shot that killed Kirk, 31, as he debated with students at the Utah Valley University campus in Orem on 10 September 2025. On Tuesday, the prosecution argued that there is a mountain of evidence that proves Robinson is the shooter and showed video of Robinson on campus the day of the shooting.
Erika Kirk
Tuesday’s proceedings follow a week-long preliminary hearing in July that was attended by Kirk’s widow, Erika Kirk. She attended Tuesday’s session. During the preliminary hearing, prosecutors presented what they called “overwhelming” evidence, including test results that allegedly show Robinson’s DNA on the murder weapon. Robinson’s lawyers questioned the prosecution’s DNA testing and said police failed to investigate evidence someone else might have carried out the killing.
Graf said that, viewed in the light most favorable to the prosecution, this evidence is sufficient at this stage to support a reasonable belief that the defendant is the individual who shot and killed Charlie Kirk. Graf emphasized that the standard at a preliminary hearing is not whether prosecutors have proven their case beyond a reasonable doubt, but whether there is enough evidence to send the charges to trial. Graf further stated that whether the state can prove the aggravating circumstance beyond a reasonable doubt remains for trial, and added that count one is bound over for trial.
The judge also sided with prosecutors on the victim-targeting allegation against Robinson, concluding that the state had established probable cause for the allegation. Graf ultimately ordered Robinson to stand trial on all seven charges: aggravated murder; felony discharge of a firearm causing serious bodily injury; two counts of obstruction of justice; two counts of witness tampering; and committing a violent offense in the presence of a child.
Kirk, who died at 31, built a national profile challenging liberals to debates on college campuses and was mourned as a leading voice in Republican politics. A controversial figure who relished clashes with his critics, he became a close ally to President Donald Trump and Vice-President JD Vance.
Tyler James Robinson
Tyler James Robinson confessed to the shooting in texts, according to officials. Prosecutors are seeking to prove Robinson targeted Kirk because of his political beliefs. Robinson confessed to the shooting in texts to his then-partner, officials say, and wrote that he’d had enough of Kirk’s “hatred”.
After a week of testimony in July, Robinson was back in state court in Provo on Wednesday for closing arguments on whether the case should advance to a trial. The evidence is overwhelming,
Utah County prosecutor Ryan McBride said in court.
The defence focused on disputing aggravating factors in the charges that could result in a harsher sentence, rather than asserting that Robinson is innocent. They argued the prosecution had not provided sufficient evidence that Robinson knowingly created a great risk of death to someone besides Kirk – the justification for the aggravated murder charge.
Much of the information presented in the preliminary hearing was already public, but the hearing offered more insight into Robinson’s mindset and conversations with other people. Prosecutors played a video interview in which Robinson’s ex-romantic partner said the defendant confessed to the killing and expressed regret. Lance Twiggs, who was also Robinson’s roommate at the time of the shooting, stated that the defendant started crying a little bit and said he wishes he hadn’t done it.
Robinson left a note for Twiggs to discover under a keyboard, authorities say. According to the authorities, the note stated that he had the opportunity to take out Charlie Kirk and he was going to take it. Prosecutors also presented photos of text messages between Robinson and Twiggs. Twiggs co-operated with law enforcement and is not facing charges.
At first, Robinson suggested he could evade arrest, according to the texts shown in court. He told Twiggs he had been planning the attack for about a week and would not leave any evidence behind if he managed to retrieve his rifle from the woods where he left it. The defendant wrote needlessly to say that he would be late coming home and apologized for it, using slang for his bad. But prosecutors say Robinson left plenty of clues linking him to the crime.