A Utah judge on Friday rejected an attempt by Tyler Robinson, accused in the attempted assassination of Charlie Kirk, to have the death penalty removed as a possible sentence if convicted.
Judge Tony Graf Jr. ruled that Robinson remains eligible for capital punishment if found guilty of aggravated murder. The decision came after prosecutors made statements about evidence strength in the case.
The Contempt Ruling
Graf determined that Deputy Utah County Attorney Christopher Ballard violated a court order by expressing confidence in the strength of the evidence against Robinson. However, the judge said Ballard did not violate the gag order when he disputed what prosecutors characterized as misleading statements about ballistic evidence from a defense court filing.
“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.
The Evidence Dispute
Prosecutors argued they complied with court rules when they “set the record straight” after what they said was a misleading defense filing that suggested federal authorities could not match the bullet to Robinson’s grandfather’s rifle. Court records show the ATF described the toolmark analysis as inconclusive but noted the bullet’s caliber matched and a spent casing matched one found at the scene.
The defense has accused prosecutors of “hubris” in their media responses, while prosecutors claim the defense released misleading information through court filings.
Trial Preparation Underway
Graf said he would expand the jury selection process to ensure fairness rather than remove the death penalty as a punishment option. Robinson is accused of killing Kirk at a Turning Point USA event at Utah Valley University on September 10, 2025.
Robinson has not entered a plea and is scheduled to appear by video from jail. His preliminary hearing is set for early July and is expected to span multiple days.
Key Witness Development
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 the July preliminary hearing.
According to court filings, Twiggs told authorities that Robinson admitted to carrying out the shooting and instructed him not to speak with law enforcement. Prosecutors also disclosed they would introduce text messages exchanged between Twiggs and Robinson as evidence.
This story has been updated. CNN’s reporting team contributed to this report.
