Utah judge to decide if murder case against Charlie Kirk's accused killer goes to trial

A Utah judge is expected to decide Tuesday whether the man accused of killing conservative activist Charlie Kirk will face trial on an aggravated murder charge that could make him eligible for the death penalty.

Tyler Robinson, 23, is accused of killing Kirk while the Turning Point USA co-founder was speaking at an outdoor event at Utah Valley University last September.

Robinson turned himself in the following day. He has not entered a plea.

Tuesday’s hearing follows an unusually lengthy five-day preliminary hearing in July, when prosecutors presented what they described as “overwhelming” evidence linking Robinson to Kirk’s death.

District Judge Tony Graf is expected to hear final arguments before announcing from the bench whether prosecutors have presented enough evidence to send the aggravated murder case to trial.

The judge could instead allow the case to proceed on the lesser charge of murder, which carries a sentence ranging from 15 years to life in prison. He could also dismiss the charges, though prosecutors could refile them.

Robinson’s attorneys have focused on preventing the case from reaching trial on the aggravated murder charge and removing the possibility of the death penalty.

A central dispute is whether the shooting endangered other people at the crowded campus event, one of the factors prosecutors are relying on to support the aggravated murder charge.

Defense attorneys argued in recent filings that the shooter struck the intended target without putting others in danger. Prosecutors counter that numerous people were close enough to Kirk to have been placed within a “zone of danger.”

Prosecutors are also seeking potential sentencing enhancements based on their allegation that Kirk was targeted because of his political views.

They have pointed to messages and other evidence they say demonstrate a political motive. Robinson’s attorneys dispute that interpretation and argue prosecutors have not presented sufficiently strong evidence to establish such a motive.

During the July hearing, investigators also presented DNA evidence they said connected Robinson to the suspected weapon and to a tool allegedly used in connection with ammunition recovered during the investigation. The defense challenged the DNA testing's reliability.

Investigators additionally presented communications they say Robinson made after Kirk’s death. His attorneys unsuccessfully sought to prevent the public release of a recorded interview with Robinson’s reported romantic partner, warning that prosecutors would portray portions of it as a confession.

Kirk was a prominent ally of President Donald Trump whose organization, Turning Point USA, played an influential role in mobilizing young conservative voters.

Kirk’s widow, Erika Kirk, and his parents, Robert and Kathryn Kirk, are expected to return to the Provo courtroom Tuesday after attending the preliminary hearing in July.

The immediate question for Graf is not whether Robinson is guilty, but whether prosecutors have presented sufficient evidence for the aggravated murder charge to proceed to trial — and with it, the possibility of a death sentence.