Judge Rejects Robinson’s Bid to Remove Potential Death Penalty

A Utah judge has rejected Tyler Robinson’s attempt to remove the possibility of a death sentence if he is convicted of aggravated murder in the killing of Charlie Kirk, while also finding a prosecutor in contempt for comments he made about the strength of the case.

Judge Tony Graf Jr. ruled that Utah County Deputy Attorney Christopher Ballard violated a court order when he publicly expressed confidence in the evidence against Robinson. However, the judge said Ballard was permitted to respond to what prosecutors described as a misleading characterization of ballistic evidence contained in a defense court filing.

As a result, Graf declined to impose Robinson’s requested remedy of eliminating the potential death penalty. Instead, the judge said he would expand the jury-selection process to help ensure Robinson receives a fair trial.

The dispute centered on statements about ballistic testing. A defense filing had prompted widespread coverage suggesting that the Bureau of Alcohol, Tobacco, Firearms and Explosives was unable to connect the bullet that killed Kirk to a rifle allegedly belonging to Robinson’s grandfather.

According to court records, ATF described its toolmark analysis as inconclusive and said it could not determine whether the bullet fragment recovered from Kirk came from the rifle. Prosecutors, however, pointed to other evidence, including the fact that the bullet was the same caliber and that a spent cartridge casing was consistent with one recovered at the scene.

Prosecutors argued that the gag order and state court rules did not prevent them from correcting what they considered a misleading impression created by the defense filing. Judge Graf agreed that prosecutors could address the ballistic issue but concluded that Ballard went too far during at least one media interview by expressing confidence in the overall evidence against Robinson.

Graf ruled that those comments improperly conveyed an opinion about Robinson’s guilt, resulting in the civil contempt finding.

Robinson is accused of killing Kirk during a Turning Point USA event at Utah Valley University on Sept. 10, 2025. He has not yet entered a plea and is expected to appear by video from jail. His preliminary hearing is scheduled to take place over several days.

The case has also drawn attention to Lance Twiggs, a former roommate of Robinson. Prosecutors say Twiggs was granted limited use immunity for statements he provided during an April interview and could become an important witness during the preliminary hearing.

According to court filings, Twiggs met with prosecutors on April 20 for a recorded interview. Prosecutors have indicated that portions of the interview, along with messages exchanged between Twiggs and Robinson, could be introduced as evidence.

Prosecutors further alleged that Twiggs repeated statements he had previously given investigators, including claims that Robinson admitted responsibility for the shooting, concealed the firearm afterward, disposed of clothing associated with the incident and told Twiggs not to cooperate with law enforcement.

Those allegations have not yet been tested in court.

The information about Twiggs was disclosed as prosecutors opposed a defense request seeking to compel him to testify at the preliminary hearing. Prosecutors argued that his live testimony was unnecessary because investigators already possess his recorded statements and screenshots of messages allegedly exchanged between the two men.

Robinson’s defense team has also faced another recent setback. Judge Graf rejected a request to pause the case while the defense appeals an earlier ruling denying its motion to prohibit cameras from recording proceedings in the courtroom.

The case remains ongoing, and Robinson is presumed innocent unless and until prosecutors prove the charges against him in court.