The man accused of killing Charlie Kirk is expected to learn Monday when his trial will begin, after Erika Kirk criticized defense attorneys for seeking to postpone the proceedings until 2029.
Tyler Robinson, 23, has pleaded not guilty to every charge, including aggravated murder. Prosecutors allege he shot Kirk in the neck during a Turning Point USA event on September 10, 2025.
Robinson is scheduled to appear in court Monday at 1 p.m. MT, or 3 p.m. ET. If convicted, the Utah man could be sentenced to death.
Robinson surrendered to authorities the day after the shooting. His lawyers have not presented an alternative explanation for Kirk’s death.
Prosecutors claim Robinson admitted killing Kirk because he said he had “had enough of his hatred.”
Erika Kirk, the widow of the conservative activist and the mother of his two children, has described the defense request for a 2029 trial as “absurd.”
Prosecutors have said they expect the trial to last about 17 weeks. Although they indicated they could be ready by October 2027, they recommended beginning in January 2028 to avoid scheduling the case over Thanksgiving and Christmas.
Jeffrey Neiman, an attorney representing Erika Kirk, has argued that the trial should begin next October. He said a longer delay would infringe on her right, as a victim under Utah law, to a speedy trial.
Tyler Robinson, accused of fatally shooting Charlie Kirk on September 10, 2025, is due in court Monday as attorneys debate the timing of his trial
Prosecutors say Robinson confessed to killing Kirk after claiming he had “had enough of his hatred”
“Under the Defendants’ proposed schedule, Mr. Kirk’s two children, who were one and three at the time he was murdered, will be six and eight years old by the time the trial concludes,” Neiman wrote in a court filing.
“They will face the uncertainty of this criminal proceeding longer than they had their father in their lives.”
Neiman also said additional delays would increase the financial burden on taxpayers. He cited $1.6 million already spent on Robinson’s defense, according to Fox News.
Robinson’s attorneys, however, maintain that moving too quickly could undermine the fairness of the case for both sides.
“It will create unrealistic expectations for the public and the victim’s representative, it may cause counsel for both parties to give short shrift to constitutionally required activities, it may rush this Court to deliberate upon and enter rulings on important and complex pretrial motions, and it may jeopardize Mr. Robinson’s right to a capital proceeding that has the utmost reliability,” they wrote.
In September, Utah District Judge Tony Graf sided with prosecutors, who said they had “a mountain of evidence” showing that Robinson fatally shot the conservative activist.
The defense had asked the judge to block a trial or, at minimum, remove the possibility of a death sentence. Attorneys argued that prosecutors had not proved the shooting endangered other people nearby.
Under Utah law, that alleged risk is an aggravating circumstance that can make a defendant eligible for capital punishment.
Erika Kirk has condemned the defense request to delay the trial until 2029
Surveillance footage showed Robinson at Utah Valley University on the day of the shooting
Kirk’s family welcomed the ruling as “an important step in our family’s pursuit of justice.”
“Every step in this process carries the weight of all that Charlie’s murder has taken from his family, especially his children who will grow up without their father,” the family said in a statement.
Prosecutors allege Robinson fired at Kirk from a rooftop more than 400 feet away. They say he understood that missing the target could have resulted in other people being killed at the outdoor gathering.
“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,” Ryan McBride, a prosecutor with the Utah County Attorney’s Office, told the court.
Judge Graf could have sent the case forward under a lesser murder charge, which carries a minimum sentence of 15 years and a maximum sentence of life in prison.
Instead, he approved the aggravated murder charge, citing the positions of several people in and around the tent where Kirk was speaking, among other considerations.
Robinson showed no visible reaction as the ruling was read. His mother, however, appeared tearful during the decision.
Staci Visser, one of Robinson’s attorneys, accused prosecutors of trying to “shoehorn” the case into Utah’s aggravated murder statute.
She pointed to previous cases requiring prosecutors to demonstrate a high probability, rather than merely a possibility, that additional people could have been killed.
Visser said Kirk was seated on an elevated stage and was not immediately next to anyone else when he was struck once in the neck.
Before his death, Kirk and Turning Point USA helped mobilize young conservative voters in support of President Donald Trump’s second term
President Trump commented on the expected trial last month
“There is one shot. There is one bullet. There is one victim,” Visser said. “There is zero evidence that there was any action taken towards other people.”
Prosecutor Chad Grunander countered that the alleged murder weapon, a bolt-action rifle, still contained additional unfired rounds. He said Robinson “came prepared to shoot again.”
The hearing followed five days of prosecution testimony and evidence, including DNA evidence and a handwritten note that prosecutors say Robinson left for his romantic partner. The note allegedly stated: “I had the opportunity to take out Charlie Kirk, and I took it.”
Prosecutors say DNA testing connected Robinson to the rifle and to a tool allegedly used to engrave messages onto bullet casings.
One cartridge allegedly carried the words, “Hey, fascist! CATCH!” while another read, “If you read this, you are gay.”
Authorities also allege that Robinson wrote in a text message about Kirk: “I had enough of his hatred. Some hate can’t be negotiated out.”
Before his death, Kirk and Turning Point USA played a prominent role in rallying young conservative voters who helped President Donald Trump secure a second term.
Trump addressed the case last month, saying: “The judge in the Charlie Kirk case is doing a terrible job! This case should be tried within a month, not three years — and it should be over with!”
