Fourth District Court Judge Tony Graf is expected to rule Tuesday whether Tyler Robinson will stand trial for murdering Charlie Kirk and whether prosecutors may seek the death penalty.
The decision follows a week-long preliminary hearing in July where prosecutors presented DNA evidence they called “overwhelming.” Robinson, 23, a former electrical apprentice, is accused of firing the single shot that killed Kirk, 31, during a campus debate at Utah Valley University in Orem on September 10. Graf will hear up to four hours of closing arguments beginning at 10 a.m. In Provo before ruling from the bench.
Robinson’s attorneys have challenged the prosecution’s DNA testing and argued police failed to investigate evidence that someone else might have committed the killing. They also contend the shooting should not qualify as a capital offense because the shooter struck the “intended target” and did not endanger anyone else’s life.
Prosecutors counter that Robinson endangered others at the event, supporting the aggravated murder charge that carries the death penalty in Utah. They also allege Robinson, who was in a relationship with roommate Lance Twiggs, targeted Kirk for his political opposition to gay marriage and transgender rights. That motive argument could strengthen the prosecution’s push for capital punishment.
Kirk’s widow, Erika Kirk, attended the July preliminary hearing and was expected at Tuesday’s session. She became CEO and board chair of Turning Point USA after her husband’s death. At a memorial following the shooting, she said she forgave the alleged shooter. She has not commented on the death penalty charge.
Kirk co-founded Turning Point USA and helped build youth support for President Donald Trump while aiding Republican voter-turnout efforts. His campus appearances frequently drew controversy and protests.
Should Graf find probable cause for trial, an arraignment could follow, a Utah courts spokesperson said in an email. Robinson has not yet entered a plea. His roommate Twiggs has figured in the case as prosecutors explore the alleged motive tied to Robinson’s personal relationships and Kirk’s public stances on LGBTQ issues.
Defense lawyers have maintained there is no evidence Robinson disagreed with Kirk’s political views, directly contesting the prosecution’s theory of a politically motivated attack. The DNA dispute and the capital offense question represent the two main battlegrounds as Graf weighs whether the case proceeds to trial.
The September 10 shooting occurred while Kirk was debating students at the Orem campus, part of his regular circuit of university appearances. A single gunshot ended the event and sparked a homicide investigation that led to Robinson’s arrest. The case has drawn national attention given Kirk’s prominence in conservative politics and the rare circumstances of a political figure’s killing at a public campus event.
Robinson’s relationship with Twiggs and prosecutors’ emphasis on Kirk’s positions on gay marriage and transgender rights have added layers of complexity to a case already fraught with questions about evidence and capital punishment eligibility.