Judge Tony Graf Jr. has decided to keep the death penalty on the table for Tyler Robinson, despite holding a prosecutor in civil contempt for allegedly breaching a gag order. This decision comes amid Robinson’s indictment for the shooting death of Charlie Kirk, the founder of Turning Point USA.
Graf’s ruling on Friday confirmed that Utah County Deputy Attorney Christopher Ballard was indeed in contempt due to remarks he made to the media concerning the case’s evidence. However, the judge determined that Ballard’s comments about certain bullet evidence did not constitute a breach, which influenced his decision to deny the defense’s request to eliminate the death penalty as a sentencing option.
“A civil contempt sanction should be remedial and aimed at addressing any prejudice from the violation. The court finds that removing the death penalty would be excessive for the misconduct and is not a valid option in this context,” Graf stated.
As a corrective measure, Graf suggested additional pre-screening questions for the jury, both written and spoken, and an increase in the jury pool size.
Robinson, aged 23, stands accused of fatally shooting Kirk in the neck during an event at Utah Valley University last September. A multi-day hearing is set for next month, where evidence like video footage and testimonies—including that of Robinson’s roommate and partner, Lance Twiggs—are anticipated to be presented.
This hearing will assess whether there’s enough evidence for Robinson’s trial to proceed, rather than opting for a grand jury indictment.
Earlier in the week, Graf declined a motion from Robinson to compel Twiggs to testify in court. However, the prosecution intends to introduce a pre-recorded interview wherein Twiggs reportedly stated that Robinson confessed to the shooting, as well as other actions like hiding his weapon and discarding clothing related to the incident.
Robinson faces multiple charges, including aggravated murder, felony firearm discharge, obstructing justice, and witness tampering. One specific charge relates to the fact that the shooting occurred in front of a large audience, including minors.
