Prosecutors can seek death penalty against accused in Charlie Kirk shooting, judge says

Thomson Reuters

· Posted: Sep 01, 2026 8:36 PM EDT | Last Updated: 6 minutes ago

A judge ruled on Tuesday that Tyler Robinson, the man accused of fatally shooting prominent U.S. conservative activist Charlie Kirk on a Utah college campus last year, should face trial on murder ‌charges in a case eligible for the death penalty.

Utah District Court Judge Tony Graf made the ruling at a hearing where prosecutors laid out what they called "overwhelming" evidence that a capital trial of Robinson, 23, was warranted for the murder of one of the U.S. political right's most prominent figures.

An arraignment will follow the probable cause ruling. Robinson has yet ​to enter a plea.

Utah County attorneys accused the former apprentice electrician of firing ​the single shot that killed Kirk, 31, as he held one of his trademark campus debates that helped propel him to national prominence.

Robinson faces seven charges, among them aggravated murder for endangering the lives of others at ​the event. That count carries the death penalty in Utah.

'Great risk of death' to others, prosecutor says

Utah County prosecutor Ryan McBride presented video of ⁠what he said was Robinson taking up ⁠a sniper position at Utah Valley University in Orem on Sept. ‌10, 2025, before he shot Kirk.

Fourth District Court Judge Tony Graf listens during closing arguments on Tuesday for the preliminary hearing for Tyler Robinson, the man accused of fatally shooting Charlie Kirk. (Francisco Kjolseth/The Salt Lake Tribune/The Associated Press)

He displayed pictures that he said showed Robinson created a "great risk of death" to others, with Kirk's security detail only feet away from Kirk when he was shot.

McBride said the four rounds in Robinson's rifle demonstrated that the shooter was prepared to fire more rounds if the first missed, further endangering others.

"He lay ⁠down in a prone position, and he would have seen this mass of people, of 3,000 plus people there for the event, took aim, put his crosshairs on Charlie Kirk, and fired," McBride told the court.

Defence argues shooting only endangered Kirk

Defence lawyer Staci Visser said the shooting endangered no one but Kirk, ‌arguing the crime did not meet the standard of aggravated murder.

Defence attorney Staci Visser is seen concluding her closing arguments during the preliminary hearing for Tyler Robinson on Tuesday. (Francisco Kjolseth/The Salt Lake Tribune/The Associated Press)

Visser said the assailant did not engage with anyone else or reload the weapon, but simply shot the gun and ran away.

"There is one act. There is one shot. There is one bullet. There is one victim," Visser told the court. "There was no evidence that would suggest that anyone else was threatened."

During ​the hearing, the prosecutor cited test results that showed Robinson's DNA was on the alleged murder weapon. Defence lawyer Michael Burt questioned the reliability of that testing.

McBride alleged Robinson, who was ⁠in a relationship with his roommate Lance Twiggs, targeted Kirk for his political views against same-sex marriage and transgender rights. That argument could bolster ⁠the prosecution as it pursues the death penalty.

Deputy Utah County Attorney Ryan McBride points to Tyler Robinson during closing arguments in Robinson's preliminary hearing in a Provo, Utah, courtroom, on Tuesday. (Francisco Kjolseth/The Salt Lake Tribune/The Associated Press)

He cited a text message from Robinson in which he allegedly told Twiggs he ⁠shot ⁠Kirk because "some hate can't be negotiated out."

Among those in ​the packed courtroom were Kirk's parents, Robert and Kathryn, and his wife, Erika, who has taken leadership of the late activist's conservative youth organization.

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A co-founder ​of conservative youth organization Turning Point USA, Kirk ⁠was credited with energizing young voters behind U.S. President Donald Trump's 2024 re-election campaign.

His killing, captured in cellphone video that spread widely on social media, is among a series of attacks on U.S. political figures in recent years that have fuelled debate over political violence in a deeply polarized country.

At a memorial following Kirk's shooting, Erika Kirk said she forgave the alleged shooter. She has not commented on the death penalty charge.

WATCH | Erika Kirk speaks during public memorial service for her slain husband: