Kirk family faces accused assassin in Utah court for preliminary hearing
Fox News correspondent Matt Finn covered Tyler Robinson’s preliminary hearing in Provo, Utah, where Robinson is charged in the assassination of conservative activist Charlie Kirk. Prosecutors are expected to lay out what they describe as substantial evidence, including video testimony from Robinson’s former roommate and text messages they say amount to confessions. Retired FBI supervisory agent James Gagliano also addressed the Kirk family’s push for transparency, as cameras have been allowed inside the courtroom.
Tyler Robinson, the man accused of killing Charlie Kirk, was not a consistently accurate shooter with the alleged murder weapon, Utah prosecutors said, claiming he “seldom hit the bullseye and sometimes missed the target completely” during practice. The argument came as prosecutors pushed back against a defense bid to remove the possibility of the death penalty before the case reaches trial.
Prosecutors are seeking to show that Robinson knowingly endangered others when, from a rooftop, he allegedly fired toward a packed campus crowd numbering in the thousands. Kirk had been answering audience questions from a small stage in a courtyard when he was struck in the neck.
Robinson’s attorneys previously countered that the fatal round was fired from above the crowd and did not pass through it. They emphasized that only one shot was fired, that it hit the intended target, and that no bystanders were wounded.
An image of shooting targets is shown during a preliminary hearing for Tyler Robinson, who is accused in the fatal shooting of Charlie Kirk, at the Fourth District Courthouse in Provo, Utah, Thursday, July 9, 2026. (AP Photo/Spenser Heaps, Pool)
To pursue capital punishment, prosecutors must establish an aggravating factor at trial. In this case, they allege the shooting created a serious risk of death to people beyond Kirk — and that Robinson was aware of that risk.
The defense is asking the court to strike that aggravating factor before trial. If granted, the move would take a potential death sentence off the table should Robinson be convicted.
Tyler Robinson, accused in the fatal shooting of Charlie Kirk, appears during a hearing in 4th District Court in Provo on Tuesday, Feb. 3, 2026. (Trent Nelson/The Salt Lake Tribune via Pool)
The allegations came in a reply made public Tuesday, in answer to the defense team’s earlier brief. The filings come in the wake of a week-long preliminary hearing in early July aimed at determining whether there is enough probable cause to send the case to trial. Judge Tony Graf Jr. has said he would issue a final decision on Sept. 1.
Read the filing:
Charlie Kirk speaks at Utah Valley University on September 10, 2025 in Orem, Utah. Kirk, founder of Turning Point USA, was speaking at his “American Comeback Tour” when he was shot in the neck and killed. (Trent Nelson/The Salt Lake Tribune/Getty Images)
Prosecutors told Graf that not only should Robinson’s case be sent to trial — but also that the defendant’s legal team “violated their ethical duty of candor to the Court” by ignoring basic case law in how evidence should be evaluated at the preliminary hearing stage.
When drawing inferences, prosecutors wrote, the magistrate — the jurist overseeing the preliminary — “must” draw all reasonable ones in the state’s favor.
An image of a bullet casing engraved with the word “Catch!” is displayed during a preliminary hearing for Tyler Robinson, who is accused in the fatal shooting of Charlie Kirk, at the Fourth District Courthouse in Provo, Utah, Thursday, July 9, 2026. (AP Photo/Spenser Heaps, Pool)
Simply put, Graf could infer that shooting someone on the other side of a large crowd could put bystanders at risk of being hit, as prosecutors have alleged.
Robinson has not yet entered a plea.
An image of a rifle that prosecutors say was recovered by investigators near Utah Valley University is displayed during a preliminary hearing for Tyler Robinson, who is accused in the fatal shooting of Charlie Kirk, at the Fourth District Courthouse in Provo, Utah, Thursday, July 9, 2026. (AP Photo/Spenser Heaps, Pool)
He is accused of driving from his home in southern Utah to Orem and fatally shooting Kirk during a Turning Point USA event at Utah Valley University in September 2025, then confessing to several people before surrendering to authorities in his hometown.




