A Utah judge ruled Friday that Tyler Robinson, accused of attempting to assassinate political commentator Charlie Kirk, remains eligible for the death penalty if convicted of aggravated murder.
Robinson was arrested after the September 10, 2025, incident at a Turning Point USA event held at Utah Valley University. Judge Tony Graf Jr. presided over the hearing on Robinson’s motion to remove the potential capital punishment from the case.
The Judge’s Decision
Graf ruled that Deputy Utah County Attorney Christopher Ballard violated a court gag order by making statements expressing his opinion on the strength of evidence against Robinson. The judge found Ballard in civil contempt for voicing confidence in the totality of the case during media interviews.
However, Graf determined that removing the death penalty was not the appropriate remedy for the violation. Instead, the judge said he would expand the jury selection process to ensure Robinson receives a fair trial despite the pretrial publicity surrounding the case.
The Prosecution’s Response
Prosecutors argued they did not violate the gag order when they disputed what they characterized as misleading statements in a defense court filing. A defense filing had suggested the ATF could not match ballistic evidence to Robinson’s grandfather’s rifle, which prosecutors disputed sparked viral news coverage misrepresenting the evidence.
According to court records, the ATF described its toolmark analysis as inconclusive. However, the bullet’s caliber matched the rifle, and a spent casing recovered at the scene aligned with ammunition from the weapon.
What Comes Next
Robinson has not entered a plea and is scheduled to appear by video from jail during a preliminary hearing set for early July. The hearing is expected to span one week.
Lance Twiggs, Robinson’s 22-year-old former roommate, was granted limited immunity in April in exchange for statements provided to prosecutors during an interview.
This story has been updated. CNN’s legal team contributed to this report.
