A Utah judge ruled that Tyler Robinson will remain eligible for capital punishment if convicted in the fatal shooting of Turning Point USA founder Charlie Kirk.
Judge Tony Graf Jr. rejected the defense’s request to eliminate the death penalty as a possible sentence, though he did find that prosecutors violated a court-ordered gag rule. The decision came after Robinson’s attorneys argued that Deputy Utah County Attorney Christopher Ballard made improper public statements about the strength of evidence against their client.
What the Judge Found
Graf determined that Ballard was in civil contempt for publicly expressing confidence in prosecutors’ case against Robinson. The judge ruled those remarks improperly conveyed an opinion about Robinson’s guilt regarding the September 10, 2025 shooting at Utah Valley University.
Despite finding the gag rule violation, Graf rejected eliminating capital punishment as a sentencing option. Instead, the judge ordered an expanded jury selection process to help ensure Robinson receives a fair trial.
The Evidence Dispute
The dispute centered on prosecutors’ public response to defense filings about forensic evidence in the case. The defense argued that an ATF firearms analysis could not conclusively match the bullet recovered from Kirk to the rifle allegedly linked to Robinson.
Prosecutors countered that while the bullet comparison was inconclusive, the caliber matched the suspected weapon and a spent shell casing recovered at the scene was linked to the firearm. Robinson has been charged but has not yet entered a plea.
What Comes Next
A preliminary hearing is scheduled to take place over multiple days in early July. Prosecutors say they intend to call Robinson’s former roommate, Lance Twiggs, as a key witness in the case.
According to court filings, Twiggs received limited use immunity for statements made during a recorded interview with investigators. Prosecutors allege Twiggs told authorities that Robinson admitted to the shooting and concealed the firearm afterward.
Judge Graf also recently denied another defense request to delay proceedings while appealing a ruling that allows cameras in the courtroom. The case remains in the pretrial stage, with evidentiary issues and witness testimony expected to play a significant role in the upcoming hearing.
This story has been updated. CNN’s legal team contributed to this report.
