Utah prosecutor in Charlie Kirk trial urges judge to allow death penalty

Prosecutors on Tuesday urged a Utah judge to order ‌a ​capital murder trial for the 23-year-old man accused of killing conservative activist Charlie Kirk, arguing that spectators only feet from Kirk were endangered, while defense lawyers said the shooting did not meet the standard for aggravated murder. At a hearing in Utah District Court in Provo, prosecutors laid out what they have called "overwhelming" evidence that a ‌capital trial of Tyler Robinson, 23, is warranted for the murder of one of the U.S. political right's most prominent figures.

Utah County attorneys have accused the former apprentice electrician of firing the single shot that killed Kirk, 31, as he held one of his trademark campus debates that helped propel him to national prominence. Robinson faces seven charges, among them aggravated murder for endangering the lives of others at the event. That count carries the ‌death penalty in Utah.

Utah County prosecutor Ryan McBride presented video of what he said was Robinson taking up a sniper position at Utah Valley University in Orem on September 10, 2025, before he ‌shot Kirk. He displayed pictures that he said showed Robinson created a "great risk of death" to others because other people were only feet away from Kirk at the time of the shooting.

McBride said the four rounds in Robinson's rifle demonstrated that the shooter was prepared to fire more rounds if the first missed, further endangering others. "He lay down in a prone position, and he would have seen this mass of people of 3,000-plus people there for the event, took aim, put his crosshairs on Charlie Kirk, ⁠and fired," McBride told ​the court.

Defense lawyer Staci Visser said the shooting ⁠endangered only Kirk so did not meet the standard of aggravated murder. Visser said the assailant did not engage with anyone else or reload the weapon, but simply shot the gun and ran away.

“There is one act. There is one shot. There is ⁠one bullet. There is one victim,” Visser told the court. “There was no evidence that would suggest that anyone else was threatened.” Judge Tony Graf will rule from the bench after hearing both sides. Should he find probable cause for a trial, ​an arraignment could follow, a Utah courts spokesperson said. Robinson has yet to enter a plea.

During the hearing, the prosecutor cited test results that showed Robinson's DNA was on the alleged murder ⁠weapon. Defense lawyer Michael Burt questioned the reliability of that testing. McBride alleged Robinson, who was in a relationship with his roommate Lance Twiggs, targeted Kirk for his political views against gay marriage and transgender rights. That argument could bolster the prosecution as it pursues the ⁠death ​penalty.

He cited a text message from Robinson in which he allegedly told Twiggs he shot Kirk because "some hate can't be negotiated out." Defense attorney Richard Novak said it was unclear what Robinson referred to by "hate" and the wording did not imply he opposed Kirk's political views.

At a week-long preliminary hearing in July, Robinson's lawyers said police failed to investigate evidence that someone else might have carried out the killing. Among those in ⁠the packed courtroom on Tuesday were Kirk's parents, Robert and Kathryn, and his wife, Erika, who has taken leadership of the late activist's conservative youth organization.

A co-founder of conservative youth organization Turning Point USA, Kirk ⁠was credited with energizing young voters behind President Donald Trump's ⁠2024 reelection campaign. His killing, captured in cellphone video that spread widely on social media, is among a series of attacks on U.S. political figures in recent years that have fueled debate over political violence in a deeply polarized country.

At a memorial following Kirk's shooting, Erika Kirk said she forgave the alleged shooter. ‌She has not commented on the ‌death penalty charge.