The first phase of the long legal saga surrounding the assassination of Charlie Kirk is over. His alleged assassin, Tyler Robinson, can stand trial for capital murder. After hearing arguments from both legal teams, the judge ruled that Mr. Robinson knew there was a “reasonable risk” of death to others during the event, clearing the way for the death penalty. Kirk was assassinated on September 10, 2025, at Utah Valley University in Orem, Utah (via ABC News):
NOW - Tyler Robinson pleads not guilty on all 7 charges in the assassination of Charlie Kirk after Judge Tony Graf ruled prosecutors cleared the evidentiary bar to proceed to trial. pic.twitter.com/NVCnVt12LO
— Disclose.tv (@disclosetv) September 2, 2026
Judge Tony Graf's decision follows final oral arguments from both sides in the high-profile case in a Provo courtroom on Tuesday, during which attorneys primarily debated an aggravating factor that would make Robinson eligible for the death penalty if convicted.
"Viewed in the light most favorable to the prosecution, this evidence is sufficient at this stage to support a reasonable belief the defendant is the individual who shot and killed Charlie Kirk," Graf said.
The judge also found that there was a reasonable known risk of death to others at the time of the shooting, allowing prosecutors to pursue the death penalty.
[…]
The 23-year-old suspect was charged with aggravated murder, a capital felony, which alleges that others were knowingly endangered in the shooting. He was also charged with felony discharge of a firearm causing serious bodily injury, obstruction of justice, witness tampering and commission of a violent offense in the presence of a child.
Judge Graf found probable cause for Robinson to stand trial on all charges. Not guilty pleas were entered on the defendant's behalf following the judge's ruling.
Prosecutors have said they plan to seek the death penalty in the case.
Robinson pleaded not guilty to all charges.
🚨Breaking: Days shy of one-year mark of Charlie Kirk's assassination, Judge Graf rules there is probable cause for alleged killer Tyler Robinson to stand trial on aggravated murder, which carries death penalty if convicted in UT.
— Matt Finn (@MattFinnFNC) September 1, 2026
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