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.
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.
Kirk’s death worsened fears of political violence spreading across the U.S., and prompted condemnation from allies, including President Donald Trump.
“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.
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.
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.
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.
“There is a mountain of evidence that proves he is the shooter,” McBride told the court.
“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.”
Other factors could affect 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.
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