Utah judge orders trial for man accused of killing Charlie Kirk with possible death penalty
A Utah judge ruled Tuesday that Tyler James Robinson, the 23-year-old man accused of fatally shooting conservative activist Charlie Kirk, will stand trial on aggravated murder charges and could face the death penalty if convicted.
Utah District Judge Tony Graf sided with prosecutors, who argued they had “a mountain of evidence” linking Robinson to the Sept. 10, 2025, shooting at Utah Valley University, where Kirk was addressing a crowd of over 3,000 people. Prosecutors allege Robinson fired from a rooftop more than 122 meters away, knowing he risked hitting others. “Tyler James Robinson shot and killed Charlie Kirk because he disagreed with him, and he did it by firing a high-powered rifle into a crowd of over 3,000 people, which created a great risk of death that anyone would know about,” said Ryan McBride, a prosecutor with the Utah County Attorney’s Office .
Robinson pleaded not guilty to all counts, including aggravated murder, following Graf’s decision. His defense team had sought to block the trial or remove the death penalty as an option, arguing prosecutors failed to prove the shooting endangered others—a requirement under Utah law for capital punishment eligibility. Graf rejected this, citing the documented positions of people near Kirk at the time of the shooting .
Robinson turned himself in the day after the shooting. His attorneys have not presented alternative theories for Kirk’s death but challenged the validity of DNA evidence linking him to the murder weapon. Prosecutors also presented a handwritten note they allege Robinson left for his romantic partner, stating, “I had the opportunity to take out Charlie Kirk, and I took it” .
Kirk, 31, was a prominent figure in the Christian Nationalist movement and led the right-wing youth organization Turning Point, which campaigned for former President Donald Trump in 2024. His widow, Erika Kirk, now heads the group. In a statement, Kirk’s family called the ruling “an important step in our family’s pursuit of justice” and noted the emotional weight of the process, particularly for Kirk’s children .
The preliminary hearing included testimony and evidence presented over five days in July. Graf had the option to proceed with a lesser murder charge, which carries a 15-year-to-life sentence, but chose to uphold the aggravated murder charge based on the risk to others .
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