PROVO, Utah — A Utah judge on Tuesday bound Tyler Robinson over for trial on aggravated murder in the September 2025 killing of conservative activist Charlie Kirk, ruling that prosecutors can seek the death penalty. Robinson, 23, pleaded not guilty to that charge and six other counts tied to the shooting at Utah Valley University.
Fourth District Judge Tony Graf's ruling clears the path to a capital trial nearly a year after Kirk, the 31-year-old co-founder of Turning Point USA, was shot in the neck while speaking under a canopy on the Orem campus on Sept. 10, 2025. Robinson is next due in court Oct. 23, when a trial date is expected to be set.
The ruling
Graf said the positions of people around Kirk at the moment of the shot supported the aggravating factor prosecutors need to pursue execution. "These circumstances support a reasonable inference that defendant was aware that other individuals were positioned near Mr. Kirk when he fired," the judge said, according to CBS News. Under Utah law, aggravated murder carries three possible sentences: death, life without parole, or 25 years to life with parole.
Prosecutors from the Utah County Attorney's Office spent five days in July presenting their case at a probable cause hearing. On Tuesday, prosecutor Ryan McBride told the court there is "a mountain of evidence that proves that he is the shooter," citing video showing Robinson "dressed to kill" on campus, DNA on a grandfather's rifle recovered in nearby woods, engravings on shell casings that matched a Dremel tool from Robinson's home, and confessions his roommate and romantic partner Lance Twiggs described in a taped interview.
Motive and dispute
Prosecutors said Robinson, a former apprentice electrician, regarded Kirk's conservative views — particularly on transgender issues, the BBC reported — as "repugnant" and cited that as the motive. CBS News described the state's argument more broadly, quoting prosecutors as telling the court Robinson "shot and killed Charlie Kirk because he disagreed with him and he did it by firing a high-powered rifle into a crowd of thousands."
Defense lawyers argued the aggravating factor was not proved because no bullets struck anyone else and the shooter fired only one round over the crowd. They had asked Graf to take the death penalty off the table; he declined. The judge also rejected a defense request to end livestreaming of the hearings, choosing what the BBC called "transparency in a case that has sparked conspiracy theories."
Kirk's widow, Erika, and his parents, Robert and Kathryn, attended Tuesday's hearing. The family said the ruling "marks an important step" in their pursuit of justice.
The Oct. 23 hearing is expected to set a trial date and complete arraignment on all seven counts.