A Utah judge ruled Friday that Tyler Robinson, accused of attempting to assassinate conservative activist Charlie Kirk, remains eligible for capital punishment if convicted of aggravated murder.
Judge Tony Graf Jr. found that Deputy Utah County Attorney Christopher Ballard violated a gag order by expressing confidence in the evidence against Robinson during media interviews. However, Graf rejected Robinson’s request to remove the death penalty as a remedy.
The Contempt Ruling
Graf determined Ballard improperly voiced an opinion about Robinson’s guilt when he described the strength of the prosecution’s case. The judge said prosecutors properly corrected what they characterized as misleading defense statements about ballistic evidence but overstepped when Ballard went further in expressing personal views about the evidence.
Prosecutors had argued they needed to respond to defense filings suggesting federal authorities could not match a bullet to Robinson’s grandfather’s rifle, which they said was inaccurate.
What Happens Next
Rather than remove the death penalty, Graf said he would expand jury selection to ensure fairness. Robinson has not entered a plea and will appear by video from jail at a preliminary hearing scheduled for early July.
Lance Twiggs, identified as Robinson’s former roommate, was granted limited immunity for statements provided to prosecutors in April. Prosecutors have said Twiggs could become a key witness at the July hearing.
The Case Background
Robinson is accused of shooting Kirk at a Turning Point USA event at Utah Valley University on September 10, 2025. Prosecutors have not yet presented the allegations at trial.
Last week, Graf also denied Robinson’s motion to pause the case while his defense appeals the judge’s earlier ruling that allowed cameras in the courtroom.
This story has been updated. CNN’s legal team contributed to this report.
