Judge decides Tyler Robinson will stand trial over Charlie Kirk’s killing
A judge has ruled that Tyler Robinson will stand trial over the killing of Charlie Kirk and could face the death penalty.
The 23-year-old is charged with aggravated murder as well as six other counts in connection with the shooting of Kirk, who was 31, at a campus event on 10 September 2025.
On Tuesday (1 September) Utah Judge Tony Graf ruled that prosecutors had provided enough evidence to bring the case to trial.
Judge Graf said: “Viewed in the light most favourable to the prosecution, this evidence is sufficient at this stage to support a reasonable belief that the defendant is the individual who shot and killed Charlie Kirk.
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“Accordingly, the state has demonstrated probable cause as to identity and homicide elements of count one.”
After Judge Graf's decision, one of Robinson’s lawyers entered a not guilty plea on his behalf.
Robinson’s lawyers had attempted to block a trial, arguing that prosecutors failed to show Kirk’s shooting placed others around him at risk of death.
That is an aggravating factor under the law that makes Robinson eligible for the death penalty.
Prosecutors said Robinson shot Kirk from a rooftop more than 400 feet away and could have easily missed, injuring or killing other people.
Steve Burton, director of the Utah Defence Attorney Association, said 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.
However, 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, alongside some other factors.
“These circumstances support a reasonable inference that [the] defendant was aware that other individuals were positioned near Mr Kirk when he fired,” the judge said.
The hearing on Tuesday came after prosecutors spent five days in July presenting what they described as 'overwhelming' evidence that Robinson killed Kirk while he was speaking at an open-air event on a college campus.
Robinson turned himself in a day after the shooting at Utah Valley University last September.
As yet, his lawyers have not offered alternative theories for Kirk’s death and has instead focused on preventing the case from going to trial.
They also tried to get the death penalty taken off the table.
In a statement made after the judge’s ruling, the Kirk family said: “Today’s decision, which comes nearly a year since Charlie was taken from us, marks an important step in our family’s pursuit of justice for him.
“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.
“As the next phase of the judicial process begins, our family remains united in our love for Charlie, our commitment to the pursuit of justice, and our prayer for a transparent and timely process.”
More to follow
Topics: Charlie Kirk
Claire Reid