A Utah judge on Friday ruled that Tyler Robinson, accused of attempting to assassinate conservative activist Charlie Kirk, remains eligible for the death penalty if convicted of aggravated murder.
Judge Tony Graf Jr. found 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 the death penalty as a remedy, instead ruling he would expand jury selection to ensure fairness.
The Judge’s Ruling
“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.
Ballard had made statements defending the prosecution’s evidence after the defense filed what prosecutors characterized as misleading information about ballistic analysis. The ATF determined the toolmark analysis was inconclusive regarding whether a bullet fragment matched Robinson’s grandfather’s rifle, though the caliber matched and a spent casing aligned with evidence from the scene.
Graf ruled that while Ballard improperly expressed confidence in Robinson’s guilt, the appropriate remedy was expanding jury selection rather than eliminating capital punishment.
The Evidence and Testimony
Lance Twiggs, a 22-year-old former roommate of Robinson, was granted limited immunity for statements provided to prosecutors during an April interview. Twiggs is expected to testify as a key witness during a preliminary hearing scheduled for early July.
According to court filings, Twiggs told investigators that Robinson admitted to carrying out the September 10 shooting at a Turning Point USA event at Utah Valley University, concealed the firearm, disposed of related clothing, and instructed Twiggs not to contact law enforcement.
Prosecutors indicated they would present recorded statements and text message exchanges between Twiggs and Robinson during the preliminary hearing.
What This Means
Robinson has not yet entered a plea and remains in custody. His preliminary hearing is scheduled to begin in early July and is expected to last over a week.
Last week, Graf also denied Robinson’s motion to stay the case while his defense team appeals the judge’s earlier decision to allow cameras in the courtroom.
This story has been updated. CNN’s legal team contributed to this report.
