Erika Kirk is urging a judge to reject what she described as a “grossly out of line” request from the defense team representing the man accused of killing her husband—a proposal that would push the trial to 2029.
Charlie Kirk, 31, was allegedly shot at a speaking event at Utah Valley University on September 10, 2025. Prosecutors accuse Tyler Robinson, then 22 and a resident of Utah, of carrying out the shooting.
Robinson was ordered last month to face trial on aggravated murder and several additional charges. A conviction could make him eligible for the death penalty.
In a memorandum filed Wednesday, Robinson’s attorneys said they would need three years to prepare adequately for a trial they expect could run between six and seven months, KSL reported.
The defense said it must pursue pretrial motions through 2029 and examine years of evidence. It also pointed to the challenges of selecting an impartial jury in a case that has drawn widespread attention.
Later Wednesday, attorneys for Erika Kirk filed their own response, asking the court to schedule the trial as early as possible in 2027. They cited the emotional strain the prolonged proceedings would place on Erika and the couple’s two children.
“Every additional day of delay carries the weight of all that Charlie’s murder has taken from his family,” the filing states, particularly for the children, who were three and one when their father was killed. Under the defense’s proposed timetable, they would be seven and five when a verdict was reached.
Erika’s attorneys also argued that postponement would increase the financial burden on taxpayers. They cited approximately $1.6 million already spent on Robinson’s defense, according to Fox News.
Erika Kirk (pictured) has urged the court to reject what she called a “grossly out of line” proposal to delay the trial of the man accused of killing her husband until 2029
Tyler Robinson (pictured) has been ordered to stand trial on aggravated murder and other charges and could face the death penalty if convicted
Utah prosecutors had previously estimated that opening statements could begin on October 4, 2027. The state has since cautioned that a start date in October could cause the proceedings to extend through the holiday season.
“The State therefore proposes that the Court schedule the trial to begin January 31, 2028,” prosecutors wrote in their memorandum.
Robinson’s lawyers maintain that moving too quickly could undermine the fairness of the proceedings for both the defense and the prosecution.
“It will create unrealistic expectations for the public and the victim’s representative,” they wrote, warning that an accelerated schedule could lead attorneys to give insufficient attention to constitutionally required work, pressure the court to rule hastily on complex pretrial motions and threaten Robinson’s right to a highly reliable capital proceeding.
Attorneys for the state, Erika Kirk and Robinson are scheduled to meet again Friday to discuss the timetable and seek additional guidance from the court. Erika is expected to participate remotely.
In September, Utah District Judge Tony Graf sided with prosecutors, who said they had “a mountain of evidence” linking Robinson to the fatal shooting of the conservative activist.
Following Graf’s ruling, Robinson pleaded not guilty to every charge, including aggravated murder.
Robinson surrendered to authorities the day after the shooting. His defense team has not presented an alternative explanation for Kirk’s death.
Erika’s husband, Charlie Kirk (pictured), 31, was allegedly shot by then-22-year-old Utah resident Tyler Robinson during a speaking event at Utah Valley University on September 10, 2025
Erika Kirk’s attorneys have asked for the trial to begin as early as 2027, saying a lengthy delay would deepen the emotional toll on her and the couple’s two children
The defense team tried to block a trial or at least take the death penalty off the table, arguing that prosecutors failed to show Kirk´s shooting placed others around him at risk of death.
That´s an aggravating factor under state law that makes Robinson eligible for capital punishment.
Kirk’s family called the ruling ‘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,’ they said in a statement.
Prosecutors said Robinson shot Kirk from a rooftop more than 400 feet (122 meters) away, knowing he could have missed and killed others at the open-air event.
‘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,’ said Ryan McBride, a prosecutor with the Utah County Attorney´s Office.
Graf had the option to send the case to trial on a lesser charge of murder, which carries a minimum sentence of 15 years and a maximum of life in prison.
He said his decision to approve the aggravated murder charge was based on the positions of several people in and around a tent where Kirk was speaking, among other factors.
Tyler Robinson’s roommate and trans lover Lance Twiggs is seen in his police interview. It was played at Robinson’s preliminary hearing in July
The hearing in state court came after prosecutors in July spent five days presenting evidence, including DNA and a handwritten note they allege Robinson left for his romantic partner that read, ‘I had the opportunity to take out Charlie Kirk, and I took it.’
Robinson had no visible reaction to the ruling. Tears welled in his mother´s eyes as Graf read it aloud.
Staci Visser, an attorney for Robinson, argued that prosecutors were trying to ‘shoehorn’ the case into Utah’s aggravated murder statute.
Prior case law required prosecutors to show that there was a high probability – not merely a possibility – that other people could have been killed, she noted.
Kirk was seated on a stage in an elevated position, not immediately near anyone else, when he was shot once in the neck, she said.
‘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 noted that the alleged murder weapon – a bolt-action rifle – was loaded with additional rounds that had not been fired, saying Robinson ‘came prepared to shoot again.’
Investigators presented DNA analyses in July that they said linked Robinson to the rifle and a tool he allegedly used to engrave the bullet cartridges. Defense attorneys questioned the reliability of the DNA tests.
When Robinson was taken into custody, authorities said his construction worker father Matt convinced his son to surrender to investigators after recognizing him in surveillance images (above) from the day Kirk was killed
Investigators claimed to have found bullets engraved with political messages in the gun Robinson allegedly used (above), including one reading, ‘Hey fascist! CATCH!
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Robinson also faces potential sentencing enhancements if prosecutors can show he targeted Kirk for his political beliefs.
Before his death, Kirk and Turning Point USA galvanized the conservative youth vote to help President Donald Trump win a second term.
Prosecutors argued that a bullet found in the rifle, engraved with ‘Hey Facist! CATCH!’, shows that Kirk was targeted for how the defendant perceived his politics.
They have also alleged Robinson wrote in a text message about Kirk: ‘I had enough of his hatred. Some hate can´t be negotiated out.’
Defense attorneys argued that prosecutors do not have strong enough evidence to prove a political motivation.
