The man accused of assassinating conservative activist Charlie Kirk will stand trial on all seven charges against him—and prosecutors are still free to seek the death penalty.
Utah District Judge Tony Graf handed prosecutors the major victory Tuesday, ruling that the evidence against Tyler Robinson, 23, was sufficient to advance the case to trial. Robinson entered not-guilty pleas moments later.
“Viewed in the light most favorable to the prosecution, this evidence is sufficient at this stage” to identify Robinson as the alleged gunman, Graf said, according to Fox News.
Graf stressed that prosecutors did not have to prove Robinson’s guilt beyond a reasonable doubt during the preliminary hearing. They only needed to establish probable cause.
The higher burden will come at trial.
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Robinson’s defense team had pushed the court to block the death penalty, arguing that the single shot that killed Kirk did not place other people at a sufficiently high risk of death to support an aggravated murder charge.
Prosecutors countered that the alleged gunman fired a high-powered rifle from a rooftop more than 400 feet away while thousands of people—including children—were gathered around Kirk.
Graf sided with the state, finding enough evidence to support the aggravating allegation that the attack created a grave risk for others. He also allowed prosecutors to move ahead with their claim that Kirk was deliberately targeted because of his political views.
Prosecutor Ryan McBride told the court that there was a “mountain of evidence” tying Robinson to the killing, including surveillance footage, DNA allegedly recovered from the rifle and messages prosecutors say contained admissions.
According to the New York Post, prosecutors also pointed to a handwritten note in which Robinson allegedly said he had an opportunity to “take out Charlie Kirk.”
Defense attorney Staci Visser argued that the state was stretching Utah’s aggravated murder statute because only one shot was fired and only one person was struck.
Graf ultimately rejected that argument and ordered Robinson to face trial for aggravated murder, felony discharge of a firearm causing serious bodily injury, two counts of obstruction of justice, two counts of witness tampering and committing a violent offense in the presence of a child.
Prosecutors formally announced the seven charges in September 2025, alleging that Robinson planned the attack, concealed the weapon and instructed another person to delete incriminating messages, according to the Utah County Attorney’s Office.
Kirk Family Demands Swift Justice
Kirk, 31, was fatally shot on Sept. 10, 2025, while speaking before thousands of people at a Turning Point USA event at Utah Valley University in Orem.
Before Tuesday’s hearing concluded, attorney Jeff Neiman, speaking on behalf of Kirk’s family, urged the court to prevent needless delays.
“The defendant is entitled to a fair trial,” Neiman said. “But nothing more is owed.”
Kirk’s family later called Graf’s ruling “an important step” in its pursuit of justice.
“Every step in this process carries the weight of all that Charlie’s murder has taken,” the family said, pointing especially to Kirk’s children, who will grow up without their father.
The family said it remains committed to seeking justice while praying for “a transparent and timely process.”
Trump Previously Condemned The Assassination
President Donald Trump had not issued a verified public response specifically addressing Tuesday’s ruling as of Wednesday morning.
Trump, however, has repeatedly condemned Kirk’s assassination and celebrated his friend and political ally as a martyr for American freedom.
At Kirk’s September 2025 memorial service, Trump called the assassination an attack on the nation’s fundamental liberties and declared that the killer had failed to silence Kirk’s movement.
“The gun was pointed at him, but the bullet was aimed at all of us,” Trump said, according to the White House.
Robinson is scheduled to return to court on Oct. 23 for a status conference, where Graf could set a trial date. He has been ordered to appear in person.
Until then, the cameras Robinson’s lawyers fought to remove will remain in the courtroom under restrictions imposed by the judge.
