A Utah judge Friday upheld the death penalty eligibility for Tyler Robinson, accused of attempting to assassinate conservative activist Charlie Kirk at a university event in September 2025.
Judge Tony Graf Jr. ruled that Robinson remains capital-eligible if convicted of aggravated murder, rejecting the defense’s argument that prosecutorial misconduct warranted removing that sentencing option. The judge found that Deputy County Attorney Christopher Ballard violated a gag order by expressing confidence in the case evidence during media interviews, but deemed this insufficient grounds to eliminate capital punishment.
Instead of stripping the death penalty, Graf said he would expand jury selection procedures to guarantee impartiality. “The proper remedy here is to ensure we have a fair-minded jury,” the judge indicated through his ruling.
Prosecution’s ‘Set the Record Straight’ Defense
Prosecutors defended their public statements as clarifications rather than gag order violations, arguing they corrected what they characterized as misleading defense filings that generated inaccurate viral media coverage. The defense had suggested the ATF could not match ballistic evidence to Robinson’s grandfather’s rifle, the suspected weapon.
Court documents show the ATF actually described its toolmark analysis as inconclusive but noted the bullet caliber matched and a spent casing from the scene aligned with evidence. Prosecutors contended state rules permitted them to counter what they viewed as distorted characterizations in court filings.
Ballard crossed a line, however, by voicing personal opinions about Robinson’s guilt during interviews. “He ventured into expressing confidence about the defendant’s culpability,” Graf determined, triggering the contempt finding.
Immunity Deal for Key Witness
Lance Twiggs, a 22-year-old former roommate of Robinson, received limited immunity after providing statements to prosecutors in April, court filings revealed Tuesday. Twiggs is expected to testify during Robinson’s preliminary hearing in early July, potentially becoming a crucial prosecution witness.
According to prosecutors, Twiggs told investigators that Robinson confessed to firing the shots, concealed the weapon afterward, discarded related clothing, and instructed Twiggs not to contact law enforcement. The limited immunity agreement means Twiggs’ recorded statements generally cannot be used against him in future criminal cases.
Prosecutors also plan to introduce text message exchanges between Twiggs and Robinson as evidence, court documents indicate. The defense had sought to compel Twiggs’ testimony, but prosecutors argued his recorded statements and messages were sufficient.
Preliminary Hearing Set for July
Robinson, who has not yet entered a plea, will appear by video from custody during the preliminary hearing scheduled to span a week in early July. The proceedings will test whether prosecutors have established probable cause for the murder charge.
Last week, Graf denied Robinson’s attempt to pause the case pending an appeal of the judge’s earlier decision to allow courtroom cameras. The defense has suffered multiple setbacks as pretrial proceedings accelerate.
The shooting occurred September 10 at a Turning Point USA event hosted at Utah Valley University. Robinson faces life imprisonment or death if convicted of aggravated murder.
This story has been updated. CNN’s Staff contributed to this report.