A Utah judge ruled that Tyler Robinson can stand trial<\/a> on a capital murder charge stemming from the fatal shooting of conservative activist Charlie Kirk.<\/p>\n Judge Tony Graf’s decision follows final oral arguments from both sides in the high-profile case in a Provo courtroom on Tuesday, during which attorneys primarily debated an aggravating factor that would make Robinson eligible for the death penalty if convicted.<\/p>\n “Viewed in the light most favorable to the prosecution, this evidence is sufficient at this stage to support a reasonable belief the defendant is the individual who shot and killed Charlie Kirk,” Graf said.<\/p>\n The judge also found that there was a reasonable known risk of death to others at the time of the shooting, allowing prosecutors to pursue the death penalty.<\/p>\n Tyler Robinson, charged in the fatal shooting of Charlie Kirk, speaks with defense attorney Staci Visser as he sits during a preliminary hearing in 4th District Court on Sept. 1, 2026, in Provo, Utah.<\/span><\/span><\/span><\/p>\n Francisco Kjolseth, Pool via Getty Images<\/span><\/p>\n<\/div>\n<\/figcaption><\/figure>\n<\/div>\n<\/div>\n<\/div>\n A statement on behalf of the Kirk family said the judge’s decision marked an important step in their pursuit of justice.<\/p>\n “Every step in this process carries the weight of all that Charlie\u2019s murder has taken from his family, especially his children who will grow up without their father,” the statement said. “We are grateful to all who have continued to pray for us, support us, and stand with us through a year of unimaginable grief.”<\/p>\n The statement continued: “As the next phase of the judicial process begins, our family remains united in our love for Charlie, our commitment to the pursuit of justice, and our prayer for a transparent and timely process.”<\/p>\n Robinson is accused of killing Kirk with a rifle shot fired from a building’s rooftop approximately 415 feet from where the co\u2011founder of the\u00a0conservative student organization\u00a0Turning Point USA was speaking at an outdoor rally at Utah Valley University in Orem, Utah, on Sept. 10, 2025.<\/p>\n The 23-year-old suspect was charged with aggravated murder, a capital felony, which alleges that others were knowingly endangered in the shooting. He was also charged with felony discharge of a firearm causing serious bodily injury, obstruction of justice, witness tampering and commission of a violent offense in the presence of a child.<\/p>\n Judge Graf found probable cause for Robinson to stand trial on all charges. Not guilty pleas were entered on the defendant’s behalf following the judge’s ruling.<\/p>\n Prosecutors have said they plan to seek the death penalty in the case.<\/p>\n Fourth District Court Judge Tony Graf speaks during a preliminary hearing for Tyler Robinson, the Utah man accused of fatally shooting Charlie Kirk, at the 4th District Court in Provo, Utah, Sept. 1, 2026.<\/span><\/span><\/span><\/p>\n Francisco Kjolseth, Pool via Reuters<\/span><\/p>\n<\/div>\n<\/figcaption><\/figure>\n<\/div>\n<\/div>\n<\/div>\n “The defendant, this man, Tyler James Robinson, shot and killed Charlie Kirk because he disagreed with him, and he did it by firing a high-powered rifle into a crowd of over 3,000 people, which created a great risk of death that anyone would know about,” Utah County prosecutor Ryan McBride told the judge during Tuesday’s hearing.<\/p>\n McBride said there is a “mountain of evidence” proving Robinson is the gunman who killed Kirk — citing video footage, DNA evidence on the suspected murder weapon and an alleged admission<\/a> by Robinson in a note to his boyfriend — and argued that the alleged politically motivated shooting posed a great risk of death to others, including children, who were at the rally.<\/p>\n “It’s not that the defendant didn’t see all these people. He obviously did. He had to. It’s that he didn’t care,” McBride said. “He came on a mission to kill Charlie Kirk, and if he missed, so be it. He was prepared to take other shots. Let the casualties be what they may.”<\/p>\n Defense attorney Staci Visser asked the judge to strike the “great risk of death” aggravating factor that makes the offense eligible for the death penalty, arguing during Tuesday’s hearing that it’s not supported by the facts of the case.<\/p>\n “There’s nothing in this evidence showing that there was a great risk that someone else was going to be killed,” she said.<\/p>\n Defense attorneys also challenged charges and enhancements alleging that Robinson knew children were present during the shooting, tampered with a witness by telling his boyfriend to “ask for a lawyer and stay silent” if questioned by the police, and targeted Kirk because of the conservative activist’s political expression.<\/p>\n “There’s no evidence as to really what was in Mr. Robinson’s mind, if in fact he was the shooter, about Charlie Kirk, because we have no testimony that Mr. Robinson had ever spoken about Charlie Kirk, that he had ever heard anything he’d said, that he’d ever discussed anything,” defense attorney Richard Novak said during Tuesday’s hearing.<\/p>\n In this July 15, 2024, file photo, CEO of Turning Point USA Charlie Kirk speaks on stage on the first day of the Republican National Convention at the Fiserv Forum, in Milwaukee.<\/span><\/span><\/span><\/p>\n Chip Somodevilla\/Getty Images, FILE<\/span><\/p>\n<\/div>\n<\/figcaption><\/figure>\n<\/div>\n<\/div>\n<\/div>\n During a week-long preliminary hearing in July, prosecutors called several law enforcement witnesses and presented a series of security videos<\/a> allegedly placing Robinson at the scene of the shooting. One of the videos showed Robinson on the roof of the building where the fatal shot that killed Kirk was fired from, prosecutors alleged.<\/p>\n Prosecutors also presented a video statement from Robinson’s roommate and romantic partner, Lance Twiggs, who claimed<\/a>\u00a0in a redacted videotaped interview with prosecutors and detectives that Robinson confessed to killing Kirk in a letter, text messages, and in person.<\/p>\n In this June 12, 2026, file photo, Tyler Robinson, accused in the fatal shooting of conservative activist Charlie Kirk, attends a hearing at the 4th District Court in Provo, Utah.<\/span><\/span><\/span><\/p>\n![\"CEO\"](\"https:\/\/i.abcnewsfe.com\/a\/09f97884-6fb3-45ee-a45d-865ccc4d5f64\/tyler-robinson-01-gty-jt-260901_1788296748381_hpEmbed_3x2.jpg?w=375 "\\"CEO\\"")
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