Judge Rules Death Penalty Stands in Charlie Kirk Assassination Trial
A Utah judge ruled Friday that Tyler Robinson, the 23-year-old accused of assassinating conservative commentator Charlie Kirk, can still face the death penalty if convicted — despite finding that a prosecutor violated a court order restricting pretrial publicity. The ruling from Judge Tony Graf Jr. of Utah’s Fourth District Court strikes a middle ground in a case that has drawn intense national attention.
The Ruling
Judge Graf found Deputy Utah County Attorney Christopher Ballard in civil contempt for telling media outlets, including TMZ, that prosecutors had “ample evidence” to prove Robinson’s guilt — a statement that violated rules prohibiting prosecutors from expressing personal opinions about a defendant’s guilt. However, the judge declined the defense’s request to remove the death penalty as a sanction, calling such a remedy “grossly disproportionate to the misconduct.”
“The court finds that striking the death penalty is grossly disproportionate to the misconduct and legally unavailable in this civil contempt framework,” Graf said, according to Fox News.
The Contempt Finding
The controversy began when Robinson’s attorneys filed court papers suggesting the Bureau of Alcohol, Tobacco, Firearms and Explosives could not match the bullet that killed Kirk to Robinson’s rifle. The filing sparked viral conspiracy theories, with some outlets reporting the findings as evidence that might exonerate Robinson.
Ballard responded by speaking to multiple media outlets to correct what prosecutors viewed as misleading coverage. Judge Graf ruled that Ballard did not violate the gag order by correcting public reporting about the ATF ballistics analysis, calling the defense’s court filing “technically accurate but highly prone to misinterpretation,” as reported by USA Today.
However, the judge found that Ballard crossed a line when he told TMZ that prosecutors had sufficient evidence to secure a conviction. “While Mr. Ballard offered a cursory nod to the presumption of innocence, these statements were not reasonably necessary under rule 3.6 C to mitigate the confusion surrounding the ATF report,” Graf said.
Remedies Ordered
Instead of removing the death penalty, Graf ordered two remedies: expanded jury selection procedures with additional prospective jurors and pre-screening questions, and reimbursement of Robinson’s attorney’s fees incurred in pursuing the contempt motion, according to the New York Post.
The Crime
Robinson is accused of fatally shooting Charlie Kirk, founder of Turning Point USA, on September 10, 2025, during a public speaking event at Utah Valley University in Orem, Utah. Kirk was shot in the neck and killed while speaking at his “American Comeback Tour.” Robinson has been charged with aggravated murder and other felonies, and prosecutors have stated their intent to seek the death penalty.
According to KTVU Fox 2, prosecutors have said Robinson left a note for his romantic partner that read, “I had the opportunity to take out Charlie Kirk and I’m going to take it.” They have also said he wrote in a text message about Kirk: “I had enough of his hatred. Some hate can’t be negotiated out.”
What’s Next
A preliminary hearing is scheduled to begin July 6, spanning approximately one week. This will be the most significant presentation of evidence to date, where prosecutors must show sufficient evidence for the case to proceed to trial. Videos of the shooting and evidence from Robinson’s roommate are expected to be presented. Robinson has not yet entered a plea and is not expected to until after the preliminary hearing.
The case sits at the intersection of political polarization, gun violence, and the ongoing debate over capital punishment in the United States. Finding impartial jurors in Utah — where Kirk’s organization, Turning Point USA, had a significant following — may prove challenging, and the judge’s emphasis on expanded jury selection procedures reflects those concerns.