Charlie Kirk‘s accused killer will face trial on an aggravated murder charge tied to the Sept. 10, 2025, shooting of the conservative political activist before a crowd at Utah Valley University, a judge ruled Tuesday.
Judge Tony Graf sided with prosecutors, finding there is sufficient evidence for 23-year-old Tyler Robinson to proceed to trial on a charge of aggravated murder. If convicted, Robinson could face the death penalty, life in prison without parole, or a sentence of 25 years to life with the possibility of parole.
Earlier Tuesday, before the Provo, Utah, court recessed, Graf said he wanted additional time to review the 24 pages of notes he had taken during closing arguments at Robinson’s preliminary hearing.
Prosecutors laid out much of their case during a five-day hearing back in July. One element supporting the aggravated murder charge is whether there is a reasonable belief that the defendant knowingly put others in danger during Kirk’s killing. Utah prosecutors argued Robinson targeted Kirk because of his political beliefs and did so while aware that children were present and would witness the attack.
Soon after that hearing concluded, Kirk’s widow, Erika Kirk, filed a request asking Graf to issue his determination by Sept. 1.
In court Tuesday, prosecutors said 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 thousands.” They described the case against him as a “mountain of evidence” and called it “overwhelming.”
Defense attorneys used much of their closing argument to challenge the enhancements that could make Robinson eligible for the death penalty. They argued prosecutors had not established the aggravating factor required for a capital case — that the defendant knowingly placed other lives at great risk — because the shooter allegedly had a clear line of sight, fired only once and shot over the crowd.
Prosecutors rejected that position, telling the court: “You can’t shoot a rifle into a crowd of 3,000 people and not know that you are posing a significant risk of death.”
Robinson is also accused of obstruction of justice, which carries a penalty of up to 15 years in jail, and felony discharge of a firearm causing serious bodily injury, which carries a penalty of five years to life in prison, according to the Utah County Attorney’s office. He has not yet entered pleas to those charges.
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