Judge Rules Tuesday on Trial in Kirk Killing

A Utah judge decides Tuesday whether Tyler Robinson stands trial for aggravated murder in the killing of conservative activist Charlie Kirk — the charge that makes him eligible for the death penalty.

District Judge Tony Graf hears final arguments in state court in Provo starting at 10 a.m. MDT and plans to announce his decision from the bench, state courts spokeswoman Tania Mashburn said.

Robinson, 23, turned himself in a day after Kirk was shot at Utah Valley University last September. He has not entered a plea.

What the judge is deciding

The question is probable cause: whether Utah County prosecutors put on enough evidence in July to bind Robinson over for trial, and on which charge.

Graf can send the case to trial on aggravated murder, send it forward on the lesser charge of murder — which carries a minimum of 15 years and a maximum of life — or dismiss the charges, in which case prosecutors could refile them, according to Steve Burton, director of the Utah Defense Attorney Association.

A key factor in the heightened charge is whether the shooting endangered other people. Defense attorneys argued in recent filings that the shooter "hit the intended target" and did not endanger others. Prosecutors said numerous people were inside a "zone of danger" around Kirk, who was shot from a rooftop more than 400 feet away.

Robinson also faces potential sentencing enhancements if prosecutors can show he targeted Kirk over his political beliefs. Prosecutors point to an engraved bullet found in the suspected murder weapon reading "Hey Facist! CATCH!" — an "overt political reference," they argued in court documents. Robinson's attorneys say the evidence of political motivation is not strong enough.

The evidence in dispute

Twiggs told investigators in the recorded interview that Robinson said the day after the shooting that "he wishes he hadn't done it," and that Robinson was "crying a little bit." Twiggs also said he never heard Robinson talk about Kirk before the shooting.

Prosecutors allege Robinson left a handwritten note for his romantic partner reading in part, "I had the opportunity to take out Charlie Kirk, and I took it," and wrote in a text message: "I had enough of his hatred. Some hate can't be negotiated out."

Defense attorneys challenged the reliability of the DNA testing and fought unsuccessfully to keep the Twiggs interview from being released publicly, warning that prosecutors would characterize it as a confession.

Beyond aggravated murder, Robinson faces counts of felony discharge of a firearm causing serious bodily injury, two counts of obstruction of justice, and witness tampering. Prosecutors say the defense "does not challenge the substance of the evidence" showing Robinson fired the fatal shot, hid the rifle in a wooded area, discarded clothing and told his roommate to delete their texts.