Almost a year after the killing of right-wing activist Charlie Kirk at a Utah college campus, the case against the suspect accused of fatally shooting him is headed for trial.
On Tuesday, Tyler Robinson, 23, pleaded not guilty to aggravated murder and six other charges related to the shooting of Kirk at Utah Valley University on Sept. 10, 2025.
But Utah District Judge Tony Graf ruled that Robinson should stand trial, siding with prosecutors who argued there was “a mountain of evidence” against the defendant.
Graf also ruled that prosecutors can continue seeking the death penalty against Robinson, which the defense team has tried to remove as an option. Graf said the court found probable cause for an aggravating circumstance involving the alleged risk to other people at the crowded campus event, making Robinson eligible for capital punishment.
The hearing on Tuesday followed prosecutors’ presentation of evidence during a five-day hearing in July. No trial date has been set, but a pretrial conference is scheduled for Oct. 23.
Kirk’s death worsened fears of political violence spreading across the U.S., and prompted condemnation from allies, including President Donald Trump.
In a statement, Kirk’s widow Erika called the ruling “an important step in our family’s pursuit of justice”.
“Every step in this process carries the weight of all that Charlie’s murder has taken from his family, especially his children who will grow up without their father,” the statement added.
Erika Kirk and the defendant were both in court on Tuesday for the hearing in the city of Provo.
According to Utah law, aggravated murder can become a capital felony if prosecutors file notice that they intend to seek the death penalty, which prosecutors have earlier done in Robinson’s case.
Graf bound over Robinson on one count of aggravated murder, one count of felony discharge of a firearm causing serious injury, two counts of obstruction of justice, two counts of witness tampering, and one count of committing a violent offense in front of a child.
The judge could have sent the case to trial on a lesser charge of murder, which has a sentence of at least 15 years and a maximum of life imprisonment. But Graf said in his ruling that it was reasonable to infer that shooting Kirk from a distance, while surrounded by a crowd of thousands of people, exposed at least one other individual at great risk, meriting the aggravated murder charge.
Kirk, 31, was sitting under a tent when he was shot in the neck while speaking at an event at the university in Orem.
Ryan McBride, a prosecutor with the Utah County Attorney’s Office, said in closing arguments to the court that the four rounds found in the alleged murder weapon—a bolt-action rifle—explain that Robinson knew there was an increased risk to others since it showed the suspect was prepared to fire more bullets if he had missed.
Robinson was lying on a rooftop around 400 ft away when he fired at Kirk, and the prosecutors argued that a shot merely a degree off could have a considerable difference in distance and endangered others’ lives.
“There is a mountain of evidence that proves he is the shooter,” McBride told the court.
But Staci Visser, representing Robinson, argued the state failed to prove the shooter “knowingly” risked people’s lives and said the prosecutors were trying to force the aggravated murder charge.
“There is one shot. There is one bullet. There is one victim,” Visser said. “There was no evidence that would suggest that anyone else was threatened.”
Besides the risk to others, prosecutors also alleged that Robinson targeted Kirk for his political expression and that he fired in the presence of children. If prosecutors prove this at trial, it could affect his sentencing.
Kirk and the organization he co-founded, Turning Point USA, were central to the growing young conservative movement that helped elect Trump.
Kirk was also critical of same-sex marriage and transgender rights. Earlier this year, prosecutors alleged that the political commentator’s stances on these issues drove Robinson to target him. “It’s not difficult to understand the motive here,” McBride said.
