A Utah judge ruled Friday that Tyler Robinson, accused of attempting to assassinate conservative activist Charlie Kirk, remains eligible for capital punishment despite finding a prosecutor violated a court gag order.
Judge Tony Graf Jr. determined that Deputy Utah County Attorney Christopher Ballard crossed the line by making statements to media expressing confidence in evidence against Robinson. However, Graf rejected the defense’s request to remove the death penalty as punishment for the violation, instead ordering an expanded jury selection process 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.
Graf found that while Ballard did not err in disputing what prosecutors called misleading characterizations in a defense filing about ballistic evidence, his media interviews went too far. The prosecutor improperly conveyed personal confidence in Robinson’s guilt, the judge determined.
Prosecutors had disputed defense claims suggesting federal authorities could not match ballistic evidence to Robinson’s grandfather’s rifle. According to court records, the ATF described toolmark analysis as inconclusive and said it could not determine whether a bullet fragment found in Kirk matched the rifle.
The Arrest and Charges
Robinson was arrested following a September 2025 shooting at a Turning Point USA event at Utah Valley University. He has not yet entered a plea and remains held in jail pending a preliminary hearing scheduled for early July.
Robinson is scheduled to appear by video during the preliminary hearing, where prosecutors plan to introduce text messages and testimony from a key witness. Lance Twiggs, who has been granted limited immunity, could testify that Robinson admitted to carrying out the shooting and instructed him not to contact law enforcement.
Recent Legal Setbacks for Defense
The defense team has faced multiple obstacles in recent weeks. Graf previously denied a motion to bar cameras from the courtroom and last week refused to stay the case while the defense appealed that ruling.
Limited use immunity protects Twiggs’ recorded statement from being used against him in future criminal proceedings, allowing prosecutors to use his testimony without legal consequences for the witness.
This story has been updated. CNN’s legal team contributed to this report.
