Tyler Robinson, the suspect in the assassination of Charlie Kirk, will learn on Friday if a Utah judge will agree to his defense team’s request to eliminate the potential for the death penalty. This request follows claims that prosecutors violated a gag order.
Judge Tony Graf Jr. is set to decide whether the prosecution breached his gag order or any state court regulations, and if so, what penalties should be applied.
Robinson’s attorneys argue that the appropriate course of action would be to remove the death penalty option entirely. However, prosecutors in Utah County contend that this would be an excessive response if the judge agrees with the defense.
In a filing by defense attorneys, they emphasized the necessity of imposing strict consequences to uphold the integrity of the court. They suggested that, even in this instance, the state should issue a death notice to demonstrate that orders and ethical standards are being taken seriously.
Prosecutors counter that their actions were justified as they aimed to clarify what they deemed to be misleading statements made by the defense. This clarification, they argue, was necessary to correct viral reports that claimed the ATF could not link the bullet that killed Kirk to Robinson’s grandfather’s rifle.
According to court records, the ATF was unable to definitively match Robinson’s grandfather’s rifle to the bullet fragments found at the scene of the crime, although the spent cartridges did match. The agency described their analysis as inconclusive but acknowledged that the caliber remained consistent.
Prosecutors maintain that the gag order and court rules did not restrict them from addressing what they interpreted as misleading filings from the defense.
If Robinson is convicted in connection with Kirk’s assassination during the Turning Point USA event at Utah Valley University on September 10, 2025, prosecutors are prepared to pursue the death penalty.
The situation has escalated into a contentious exchange, with the prosecution accusing the defense of providing misleading information, while the defense accused the prosecution of violating the gag order through media appearances.
Robinson is expected to attend the proceedings remotely from prison. He has not yet entered a plea, as that step is scheduled for after a preliminary hearing set for early July.
