Judge rules case to proceed to trial

Utah District Judge Tony Graf ruled on Tuesday that Tyler Robinson, the 23-year-old accused of fatally shooting conservative activist Charlie Kirk, will stand trial on seven charges, including aggravated murder, which carries the possibility of the death penalty under Utah law. One of Robinson's attorneys entered a not-guilty plea on his behalf following the ruling.

Judge Graf sided with prosecutors who said they had "overwhelming" evidence that Robinson shot Kirk once in the neck as Kirk spoke to a crowd of thousands at Utah Valley University in Orem on September 10, 2025. The judge said his decision to approve the aggravated murder charge was based on "the documented position of several individuals in and around the canopy area" where Kirk was speaking, among other factors.

"These circumstances support a reasonable inference that defendant was aware that other individuals were positioned near Mr. Kirk when he fired," the judge said.

Prosecution case: sniper position, DNA, and alleged motive

Prosecutor Ryan McBride presented video that he said showed Robinson taking up a sniper position on a rooftop more than 400 feet (122 meters) from where Kirk was speaking. McBride said the four rounds in Robinson's rifle demonstrated that the shooter was prepared to fire more rounds if the first missed, further endangering others.

"He lay down in a prone position, and he would have seen this mass of people, of 3,000-plus people there for the event, took aim, put his crosshairs on Charlie Kirk, and fired," McBride told the court.

McBride cited test results showing Robinson's DNA was on the alleged murder weapon, and he alleged that Robinson targeted Kirk for his political views against gay marriage and transgender rights. He cited a text message from Robinson in which he allegedly told his roommate and romantic partner, Lance Twiggs, that he shot Kirk because "some hate can't be negotiated out."

Prosecutors also presented evidence of an engraved bullet found in the suspected murder weapon with the inscription "Hey Facist! CATCH!" which they called an "overt political reference." A handwritten note that prosecutors allege Robinson left for his romantic partner read in part, "I had the opportunity to take out Charlie Kirk, and I took it."

Robinson turned himself in a day after the shooting at Utah Valley University last September. Investigators say he posted "it was me at UVU yesterday" in an online chat room about an hour before surrendering.

Defense arguments

Defense lawyers had tried to block the trial, arguing that prosecutors failed to show Kirk's shooting placed others around him at risk of death — an aggravating factor required for the death penalty. Defense attorney Staci Visser said the shooting endangered no one but Kirk, arguing the crime did not meet the standard of aggravated murder.

"There is one act. There is one shot. There is one bullet. There is one victim," Visser told the court. "There is zero evidence that there was any action taken towards other people."

Visser noted that Kirk was seated on a stage in an elevated position, not immediately near anyone else, when he was shot from a rooftop more than 400 feet away. Defense lawyer Michael Burt questioned the reliability of the DNA testing, and defense attorney Richard Novak said it was unclear what Robinson referred to by "hate" and the wording did not imply he opposed Kirk's political views.

Judge Graf had the option to send the case to trial on a lesser charge of murder, which carries a minimum sentence of 15 years and a maximum of life in prison, said Steve Burton, director of the Utah Defense Attorney Association.

Family statements and court proceedings

Kirk's family called the ruling "an important step in our family's pursuit of justice." In a statement, they said, "Every step in this process carries the weight of all that Charlie's murder has taken from his family, especially his children who will grow up without their father. We are grateful to all who have continued to pray for us, support us, and stand with us through a year of unimaginable grief."

Kirk's parents, Robert and Kathryn, and his wife, Erika, were in the courtroom. Erika Kirk, who has taken leadership of Turning Point USA, said at a memorial following Kirk's shooting that she forgave the alleged shooter. She has not commented on the death penalty charge.

Robinson's parents, Amber and Matt Robinson, also attended the hearing. Robinson, dressed in a grey suit, had no visible reaction to the arguments. His lawyers have said they have not offered alternative theories for Kirk's death.

Kirk, 31, was a co-founder of Turning Point USA and an ally of President Donald Trump, credited with energizing young voters behind Trump's 2024 reelection campaign. His killing, captured in cellphone video that spread widely on social media, is among a series of attacks on political figures in recent years that have fuelled debate over political violence in a deeply polarised country.

Robinson is next due in court on October 23, when a trial date is expected to be set.