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. determined that Deputy Utah County Attorney Christopher Ballard violated a court gag order by making statements expressing confidence in the strength of evidence against Robinson. However, Graf rejected the defense’s request to remove the death penalty as a remedy, instead ordering expanded jury selection to ensure fairness.
“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.
What Sparked the Contempt Ruling
Prosecutors had disputed what they characterized as misleading information in a defense court filing suggesting federal authorities could not match ballistic evidence to Robinson’s grandfather’s rifle. The attorneys said they were correcting the record after viral news coverage of the defense filing.
According to court records, the ATF described toolmark analysis as inconclusive and stated it could not determine whether a bullet fragment found in Kirk matched Robinson’s grandfather’s rifle. Ballard’s subsequent media interviews, however, crossed a line by expressing personal opinions about Robinson’s guilt, the judge determined.
“While Ballard did not err in disputing a misleading characterization, his statements went further,” Graf ruled, saying the prosecutor improperly conveyed confidence in guilt.
The Broader Case Details
Robinson was arrested following the 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.
A key witness in the case, Lance Twiggs, has been granted limited immunity for statements provided to prosecutors during an April interview. Court filings indicate Twiggs could testify that Robinson admitted to carrying out the shooting and instructed him not to contact law enforcement.
Prosecutors also plan to introduce text messages exchanged between Twiggs and Robinson as evidence during the July hearing. Limited use immunity protects Twiggs’ recorded statement from being used against him in future criminal proceedings.
Recent Court Proceedings
The defense team has faced multiple setbacks 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.
Robinson is scheduled to appear by video during the preliminary hearing. The competing narratives between prosecutors and defense have centered on ballistic evidence and the characterization of forensic findings.
This story has been updated. CNN’s legal team contributed to this report.
