A judge’s decision to postpone ruling on whether Tyler Robinson, the man accused of assassinating Charlie Kirk, should stand trial has drawn criticism and renewed attention to the case.
Following five days of pretrial probable cause hearings, Utah District Judge Tony Graf said he would defer his decision on whether Robinson will be ordered to trial until September 1.
Many following the proceedings had expected Graf to issue a ruling Friday after the final hearing concluded. Shortly afterward, Kirk’s widow, Erika, submitted a legal filing urging the judge to act “promptly,” citing what she described as “overwhelming evidence.”
Instead, attorneys for both the prosecution and the defense asked for additional time to examine hearing transcripts and file written briefs outlining their positions, prompting Graf to set another hearing nearly two months away.
Joshua Kolsrud, a lawyer and criminal defense attorney, told The Daily Mail that he considered the length of the delay to be “extraordinary.”
“It is very unusual,” Kolsrud said. “I have never seen a two-month delay on a probable cause hearing decision in my 19 years in law.”
Kolsrud suggested that Graf’s limited time on the bench — less than a year — may have contributed to the proceedings stretching out longer than expected.
“The judge takes every objection way too seriously,” he said. “Some are clearly nonsense and an experienced judge would be quicker.”
The experienced trial lawyer said he has often seen judges come to quicker decisions at probable cause hearings. They have a lower burden of proof required to move forward than that expected of prosecutors in an actual trial.
‘These hearings are are really about, ‘how much smoke is there to know if there is a fire?’ And the prosecution clearly met that,’ Kolsrud said.
Utah District Judge Tony Graf said following this week’s pre-trial probable cause hearings, he will wait to make his decision on whether Tyler Robinson will face trial until September 1
Tyler Robinson will need to wait two months to learn if he will stand trial for the assassination of Charlie Kirk – a delay that led Kirk’s widow to urge the judge to issue a ‘prompt’ decision instead
Soon after Graf concluded Friday’s hearing, Kirk’s widow Erika issued a legal filing urging the judge to come to his determination ‘promptly, based on the overwhelming evidence presented’ by prosecutors.
‘A prompt determination is imperative in the interest of justice,’ Erika’s attorney Jeffrey Nieman wrote in the filing.
‘The Court is approaching the one-year anniversary of Charlie Kirk’s death. Ten months have passed since the defendant was arrested, and the preliminary hearing has now concluded.’
The ‘overwhelming evidence’ that Kirk’s attorney believed had been laid out by prosecutors included DNA found on the rifle used to shoot Kirk.
Graf’s decision to not find a conclusion on Friday also sparked the ire of conservative commentator Megyn Kelly, who issued a blistering tirade against the judge on her show soon after the hearing ended.
‘Unfortunately, we will not be getting a decision today on the obvious conclusion that there is probable cause to hold Tyler Robinson over to trial in the case of Charlie Kirk’s assassination,’ Kelly said.
‘I mean, honestly, despite the mountain of evidence against it, this is a joke that Judge Tony Graff is even indulging this.’
Kelly compared Graf to Judge Lance Ito, who famously oversaw the controversial murder trial of OJ Simpson in 1995.
‘I’m sorry, he’s Judge Ito,’ she said.
‘I’m over this guy completely. He has no confidence. He seems feckless up there. He seems like he’s terrified to make a decision. This is honestly absurd. Like, grow a pair, Judge.’
Robinson seen being escorted away from the courthouse in Provo, Utah, on Friday in a heavily armored vehicle, and he will remain in custody while he waits to learn his fate
Prosecutors produced a raft of evidence that they say implicates Robinson in the assassination, including his DNA found on a dark towel wrapped around the murder weapon (pictured) that was dumped near the shooting scene
Charlie Kirk seen moments before he was shot dead in front of a huge crowd at a Turning Point USA event at Utah Valley University on September 10, 2025
At Friday’s hearing, ATF forensic biologist Caitlin Oliver said that the DNA found on the rifle is ‘at least one trillion times more likely to have come from Tyler Robinson’ than anyone else.
The evidence put forward by prosecutors also included several alleged confessions from Robinson after the assassination on September 10, 2025.
On Thursday, prosecutors presented video footage of Robinson’s former roommate and transgender lover Lance Twiggs giving a police interview in April, where he alleged that Robinson confessed to him in the aftermath of the shooting.
Twiggs claimed that Robinson went as far as to tell him he ‘wishes he hadn’t done it.’
Twiggs also said in his video testimony that Robinson left him a handwritten note on the day Kirk was assassinated, which read: ‘I had the opportunity to take out Charlie Kirk and I’m going to take it.’
The alleged confession note was presented alongside text messages that prosecutors say Robinson sent on the day Kirk was shot, in which he also allegedly admitted to the crime.
After Twiggs’ video statement to the police was played, prosecutors presented text messages allegedly sent between Robinson and Twiggs after Kirk was killed
In texts presented in court, Robinson allegedly discussed trying to get rid of the rifle used to shoot Kirk
Robinson allegedly then discussed trying to get rid of the rifle used to shoot Kirk, writing: ‘If I am able to grab my rifle unseen, I will have left no evidence’
Prosecutors also produced bullets that they said were engraved with political messages in the rifle, with one (above) reading: ‘Hey Fascist! CATCH!’
In the texts shown in court, Twiggs told Robinson he did not believe the confession note, writing: ‘You’re joking right?… You weren’t the one who did it right?’
Robinson allegedly replied, ‘I am, I’m sorry.’
He then allegedly discussed trying to hide the evidence, writing that he ‘planned to grab my rifle’ from a ‘drop point’ near to the shooting scene.
‘If I am able to grab my rifle unseen, I will have left no evidence,’ he wrote, per the texts.
‘Going to attempt to retrieve it again, hopefully they have moved on. I haven’t seen anything in the news about them finding it. Will update you by midnight.’
Twiggs then asked Robinson how long he had been planning the shooting, to which he replied: ‘A bit over a week, I believe.’
Prosecutors also alleged that Robinson confessed to his parents, and then issued another confession in a chat room on the gaming platform Discord.
He allegedly wrote: ‘Hey guys, I have bad news for you all. It was me at UVU yesterday. I’m sorry for all of this. I’m surrendering through a sheriff friend in a few moments. Thanks for all the good times and laughs.’
Authorities said Twiggs quickly cooperated with investigators and offered his DNA for testing, and this week prosecutors said both Twiggs’ and Robinson’s DNA were found on a towel wrapped around the murder weapon.
