A Utah judge rejected Tyler Robinson’s request to remove the death penalty from consideration in his case on Friday.
The ruling comes as Robinson is set to go on trial for murdering conservative activist Charlie Kirk.
Judge Tony Graf found that a prosecutor violated a pretrial publicity order after he made comments to the media. However, the judge ruled that taking the death penalty off the table would be too severe a punishment. He noted the move would “risk an improper judicial intrusion into the executive branch’s prosecutorial discretion” and that striking the death penalty “is grossly disproportionate to the misconduct and legally unavailable in this civil contempt framework.”
This is an excellent summary of Judge Graf's ruling this morning in the Tyler Robinson case.
— Andrew Kolvet (@AndrewKolvet) June 26, 2026
The prosecution was held in contempt, but not for clarifying the misleading reporting on the ATF report, but for saying the state has overwhelming evidence against Robinson.
"I think it… pic.twitter.com/qKYGbIhw9V
The defense had contended that comments made by Deputy Utah County Attorney Christopher Ballard to outlets like TMZ gave the public a false impression of the evidence gathered in the case and could possibly taint the jury pool.
“We have ample evidence to demonstrate beyond a reasonable doubt that Tyler Robinson committed this murder, and we will present some of that evidence at the upcoming preliminary hearing, and we will present all that evidence at trial,” Ballard said during an interview.
The judge did hold Ballard in civil contempt for going beyond correcting misinformation about ballistics testing and ordered the prosecution to pay part of Robinson’s attorney fees. He will also allow extra questions for potential jurors to root out any potential bias.
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Robinson is facing charges for aggravated murder and other felonies at the state and federal levels. Prosecutors said from the beginning that they intend to seek the death penalty if he is convicted.
🚨 BREAKING: Utah Judge Rules in Tyler Robinson / Charlie Kirk Murder Case
— Emmanuel – Big Tech & AI Investor (@EmmanuelInvest) June 26, 2026
- A judge just held one county prosecutor in contempt for violating the court’s pre-trial publicity order.
- The judge denied the defense request to remove the death penalty as a possible punishment.
-… https://t.co/0ZmA4M7uam
DNA consistent with Robinson’s was found on the trigger of the rifle used to kill Kirk, along with spent casings and other items found at the scene. The suspect allegedly left a handwritten note for his romantic partner that said he “had the opportunity to take out Charlie Kirk and I’m going to take it.”
The rifle was later recovered from a wooded spot nearby. Robinson has not yet entered a plea in the case.
A key preliminary hearing is set for July 6. Prosecutors must show a judge that there is enough evidence to take the case to trial. The defense has spent months filing motions over media coverage, camera access in the courtroom, and limits on what prosecutors can say publicly.
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