A Utah judge has ruled that Tyler Robinson can stand trial on a capital murder charge over the fatal shooting of conservative activist Charlie Kirk. Judge Tony Graf made the decision following final oral arguments in a Provo courtroom on Tuesday, after lawyers focused on whether prosecutors could pursue the death penalty if Robinson is convicted. Decision Allows Capital murder Trial to ProceedGraf said that, viewed in the light most favourable to the prosecution, the evidence presented was enough at this stage for a “reasonable belief” that Robinson was the person who shot and killed Kirk. The judge also found that prosecutors had met the threshold for pursuing capital punishment, after determining there was a reasonable known risk of death to others at the time of the shooting. Robinson is accused of firing a rifle shot from a building’s rooftop about 415 feet from the place where Kirk, co-founder of the conservative student organisation Turning Point USA, was speaking at an outdoor rally at Utah Valley University in Orem, Utah, on 10 September 2025. He is charged with aggravated murder, described in the indictment as a capital felony that alleges others were knowingly endangered during the shooting. Robinson also faces charges including felony discharge of a firearm causing serious bodily injury, obstruction of justice, witness tampering, and commission of a violent offence in the presence of a child. Graf found probable cause for Robinson to stand trial on all charges, and not guilty pleas were entered on the defendant’s behalf after the ruling. Prosecutors Seek Death PenaltyProsecutors said they plan to seek the death penalty. In court on Tuesday, Utah County prosecutor Ryan McBride told the judge that Robinson shot and killed Kirk because he disagreed with him. McBride said the killing was carried out by firing a high-powered rifle into an event with more than 3,000 people, creating a risk of death that others at the rally would have understood, including children. “The defendant, this man, Tyler James Robinson, shot and killed Charlie Kirk because he disagreed with him,” McBride said. “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.” McBride said prosecutors had evidence identifying Robinson as the gunman, including video footage, DNA on the suspected murder weapon, and what was described as an admission by Robinson in a note to his boyfriend. He argued that the risk of death to others was driven by the scale of the crowd and the alleged targeting of Kirk. Defence Challenges Aggravating Factors and ChargesRobinson’s defence asked Graf to remove the “great risk of death” aggravating factor that would make the case eligible for the death penalty. Defence attorney Staci Visser argued that the evidence did not support a finding that someone else was likely to be killed. Visser also challenged other parts of the case, including allegations and enhancements that claim Robinson knew children were present during the shooting, and that he tampered with a witness by telling his boyfriend to “ask for a lawyer and stay silent” if questioned by police. Defence attorneys also disputed claims that Kirk was targeted because of his political expression. Tyler Robinson (left) - Charlie Kirk (right). Pictures courtesy of NBC News Richard Novak said prosecutors had not established what Robinson believed about Kirk, pointing to the absence of testimony that Robinson had previously spoken about or discussed the activist. During a week-long preliminary hearing in July, prosecutors called law enforcement witnesses and presented security video footage they said placed Robinson at the scene. Prosecutors alleged that one recording showed Robinson on the roof of the building from which the fatal shot was fired. They also relied on a redacted video statement from Robinson’s roommate and romantic partner, Lance Twiggs. In that interview, Twiggs claimed Robinson confessed to killing Kirk in a letter, text messages, and in person. Twiggs did not testify at the preliminary hearing. In written submissions filed ahead of Tuesday’s hearing, prosecutors argued there was enough probable cause to justify a trial, describing the case as a likely “bind-over” decision. The defence countered that the state failed to establish probable cause, saying it relied heavily on hearsay that it did not assess for reliability, and argued the court should decline the bindover on that basis. Kirk Family StatementA statement released on behalf of the Kirk family said the ruling was an important step in their pursuit of justice, adding that the process would move into the next phase while they continued to seek a transparent and timely outcome. “We are grateful to all who have continued to pray for us, support us, and stand with us through a year of unimaginable grief,” the statement said. Join the discussion? 2 September 2026
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