A Utah judge has cleared the way for prosecutors to pursue the death penalty against Tyler Robinson, the 23-year-old accused of killing conservative activist Charlie Kirk, after Robinson pleaded not guilty to aggravated murder and six other charges.
District Court Judge Tony Graf ruled Tuesday that prosecutors had established sufficient probable cause for Robinson to face trial on all seven counts stemming from the September 10, 2025, shooting at Utah Valley University in Orem.
Kirk, 31, the co-founder of Turning Point USA, was shot in the neck while speaking before a crowd at the campus event.
His widow, Erika Kirk, and his parents attended the hearing, while members of Robinson's family were also present.
Prosecutors said video, DNA, alleged admissions and circumstantial evidence tied Robinson to the shooting.
They argued surveillance footage showed him scouting locations on campus before returning in different clothing with a rifle concealed in his pants and later moving to a rooftop overlooking the event.
Prosecutors said Robinson's DNA was found on his grandfather's rifle, which was recovered wrapped in a towel in a wooded area near campus, as well as on the towel and a screwdriver found at the scene.
They also cited messages and a videotaped statement from Robinson's former roommate and romantic partner, Lance Twiggs, as evidence of alleged confessions.
Prosecutors argued Robinson targeted Kirk because of disagreement with his political views and knowingly endangered others by firing toward Kirk from about 415 feet away while thousands of people attended the event.
The state said those circumstances supported an aggravating factor allowing prosecutors to seek capital punishment.
Robinson's lawyers challenged the prosecution's interpretation of the evidence and argued that the requirements for an aggravating circumstance involving risk to others had not been established.
Defense attorney Staci Visser said no one other than Kirk was struck and argued there was no evidence that other people had been directly threatened.
The defense also disputed prosecutors' attempt to establish a political motive, arguing that previous testimony and public statements did not demonstrate what opinions Robinson held about Kirk.
Graf nevertheless ruled that the case could proceed on all seven charges and allowed the death penalty to remain available if Robinson is convicted of aggravated murder.
The Kirk family called the ruling an important step in its pursuit of justice.
Robinson, who surrendered the day after the shooting, is scheduled to return to court on October 23, when a trial date is expected to be set.