Prosecutors in Utah have accused Tyler Robinson’s defense team of misleading the public through their court filings, which they argue were an attempt to have authorities penalized for trying to “set the record straight.”

In a twist of irony, prosecutors pointed out that the defense’s claims gained viral attention after being widely circulated by the media.

Robinson’s attorneys have previously expressed concern that media coverage could jeopardize his right to a fair trial, and they have filed a motion to prevent news cameras from being allowed in future court sessions.

Tyler Robinson faces charges of fatally shooting Charlie Kirk, the founder of Turning Point USA, during a speaking event at Utah Valley University in September.

In response to the defense’s attempt to sanction prosecutors for discussing the case outside the courtroom, Deputy Utah County Attorney Christopher Ballard has filed a motion.

He argued that prosecutors have done nothing wrong because while court rules, like Utah Rule of Professional Conduct 3.6(c), and a gag order limit what can be said about the case, they allow attorneys on both sides to “set the record straight.”

Read the filing:

Robinson’s defense lawyers, in a court filing, asserted that “the ATF was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr. Robinson.”

The claim, which Ballard described as misleading and “misstated,” generated millions of views from just one report — and inspired additional coverage in local and national media, the prosecutor wrote.

It also fanned the flames of unverified claims that other people could have been responsible for Kirk’s murder.

Tyler Robinson points while seated next to defense attorney Kathryn Nester during a hearing in 4th District Court in Provo on Jan. 16, 2026. Robinson is accused in the fatal shooting of Charlie Kirk. (Bethany Baker/The Salt Lake Tribune)

But the defense left out a crucial piece of context, according to Ballard.

“The ATF was unable to identify or exclude the bullet as having been fired from the rifle,” he wrote, emphasizing the missing information in italics.

“Defendant reinforced this misleading inference by following it up with, ‘the defense may very well decide to offer the testimony of the ATF firearm analyst as exculpatory evidence,’” he added.

Prosecutors Jeffrey S. Gray and Ryan McBride stand outside Utah County District Court in Provo, Utah, on Oct. 24, 2025. They are prosecuting Tyler Robinson, the suspect in the assassination of Charlie Kirk. (Alec Thornock/Fox News Digital)

In response, members of the prosecution team attempted to provide more context in public interviews, explaining the ATF’s conclusions while noting the defendant was innocent until proven guilty, Ballard wrote.

Judge Tony Graf Jr. eventually unsealed the ATF report in order to give the public direct access to the source material.

Ballard asked the judge to deny the defense motion and their request to have prosecutors turn over internal communications, which he argued are privileged work products.

Attorney Richard Novak speaks during a hearing for Tyler Robinson, accused in the fatal shooting of conservative activist Charlie Kirk, in 4th District Court in Provo, Utah, on March 13, 2026. (Laura Seitz/Deseret News)

If the prosecution’s public statements are the issue, the defense already has them, he noted.

An appendix to the ATF report explained that “inconclusive” findings mean that it was “an examiner’s opinion that there is an insufficient quality and/or quantity of individual characteristics to identify or exclude.”

Experts have told Fox News Digital that it’s not unusual for a bullet to disintegrate on impact, making ballistic identification unlikely.

Defense attorneys Richard G. Novak, Michael N. Burt, and Kathryn Nester represent Tyler Robinson at a waiver hearing in Utah County Court in Provo, Utah, on Sept. 29, 2025. Robinson is accused of killing Charlie Kirk at Utah Valley University. (Laura Seitz/The Deseret News)

However, prosecutors have recovered a spent casing that is both consistent with the bullet and the alleged murder weapon.

Shortly before Kirk’s assassination, Robinson allegedly climbed to a rooftop across the courtyard from where Kirk was speaking and fired a single shot from his grandfather’s Mauser rifle.

Gruesome video shows the bullet struck Kirk in the neck in front of a crowd of roughly 3,000 people. He died from the injury.

Charlie Kirk, founder of Turning Point USA, was shot and killed during his “American Comeback Tour” appearance at Utah Valley University in Orem, Utah, on Sept. 10, 2025. (Trent Nelson/The Salt Lake Tribune/Getty Images)

Prosecutors have said campus police found marks left behind on the gravel rooftop moments after the shooting “consistent with a sniper having lain [there] — impressions in the gravel potentially left by the elbows, knees and feet of a person in a prone shooting position.”

Police recovered the rifle wrapped in a blanket in a patch of woods near campus. And prosecutors have said that text messages between Robinson and his romantic partner, Lance Twiggs, allegedly discuss wanting to retrieve the rifle.

“Stuck in Orem for a little while longer yet,” Robinson allegedly wrote in the hours after the murder. “Shouldn’t be long until I can come home, but I gotta grab my rifle still.”

Twiggs is cooperating with investigators and has not been charged with a crime.

Robinson could face the death penalty if convicted of the top charge against him, aggravated murder.

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