A Utah judge ruled Friday that Tyler Robinson, accused in connection with an incident at a Charlie Kirk event, remains eligible for capital punishment if convicted of aggravated murder charges.
Judge Tony Graf Jr. rejected Robinson’s bid to remove the death penalty as a potential sentence, finding that while a prosecutor violated a gag order in certain statements, the violation did not warrant that remedy. Instead, Graf said he would broaden jury selection procedures to guarantee impartiality in the high-profile case.
Prosecutor Found in Contempt Over Statements
Graf determined that Deputy Utah County Attorney Christopher Ballard violated a court order by expressing confidence in the evidence against Robinson during media interviews. Ballard’s comments crossed the line when he voiced opinions about Robinson’s guilt rather than simply correcting what prosecutors viewed as misleading information from the defense, the judge said.
Prosecutors had argued they were permitted to respond to defense court filings that they characterized as inaccurate regarding ballistic evidence. The defense had suggested ATF analysis was inconclusive about whether a bullet matched Robinson’s grandfather’s rifle, his alleged weapon.
Ballistic Evidence at Center of Dispute
Court records show the ATF described the toolmark analysis as inconclusive but noted the bullet’s caliber matched ammunition linked to the crime scene. Additionally, a spent casing recovered at the scene was consistent with shells from the rifle in question, according to prosecutors.
The dispute escalated into accusations of misconduct from both sides, with the defense claiming prosecutors engaged in “hubris” through media appearances violating the gag order. Prosecutors countered that the defense deliberately released misleading information through court documents.
Key Witness Granted Limited Immunity
Lance Twiggs, a 22-year-old former associate of Robinson, received limited use immunity for statements provided to authorities during an April interview. Twiggs is expected to testify during a multi-day preliminary hearing scheduled for early July.
According to court filings, Twiggs told investigators that Robinson confessed to carrying out the shooting and instructed him not to contact law enforcement. Prosecutors plan to present portions of Twiggs’ recorded statement and text message exchanges during the hearing.
Defense Requests Denied
Robinson’s legal team sought to compel Twiggs to appear in person, but prosecutors argued the recorded statement was sufficient since investigators already possess the documentation. Graf also denied a defense motion to delay proceedings while appealing an earlier ruling that allowed courtroom cameras during the case.
Robinson, who has not yet entered a plea, is scheduled to appear by video from custody during the preliminary hearing. The incident occurred at a Turning Point USA event at Utah Valley University in September.
This story has been updated. CNN’s Staff contributed to this report.