In a high-profile legal maneuver, prosecutors are asking a judge to dismiss Tyler Robinson’s attempt to disqualify a prosecutor in the case of the alleged assassination of Charlie Kirk. They argue that there is no valid conflict of interest.
The request comes in the form of a detailed 33-page document, initially filed under seal but now partly available with redactions. The prosecution contends that the deputy prosecutor in question remains impartial, despite his 18-year-old child being present at the Turning Point USA event at Utah Valley University on September 10, 2025, where Kirk was tragically killed.
The state insists that the teenager, a student at UVU, was merely one among “thousands of other witnesses” and held no direct knowledge of the murder. Importantly, the young witness did not see the shooting unfold nor the weapon being used.
To support their stance, prosecutors have included text messages between the prosecutor and his child from shortly after the incident. These exchanges, they argue, highlight the teenager’s lack of firsthand information.
During the event, Charlie Kirk was participating in his “American Comeback Tour” when he was fatally shot in the neck. The tragic incident occurred while Kirk, the founder of Turning Point USA, was addressing a crowd at Utah Valley University. The Salt Lake Tribune captured the moment in a photograph by Trent Nelson.
In the text exchanges, the teen initially sent a message stating, “SOMEONE GOT SHOT,” followed by assurances to the family saying, “I’m okay, everyone is going inside.” It was only after hearing from others that the teen texted, “CHARLIE GOT SHOT,” along with secondhand information regarding the location of Kirk’s injury and possible shooter positioning.
Prosecutors argue the texts reflect confusion and secondhand information — not emotional trauma or direct involvement that could improperly influence prosecutorial decision-making.
Read the filing here:
The filing further details that the teen was roughly 85 feet away, had no line of sight to the shooter due to buildings blocking the view, and fled the area after hearing what sounded like a loud “pop.”
The crowd reacts after Charlie Kirk, the CEO and co-founder of the conservative youth organization Turning Point USA, is shot at Utah Valley University Wednesday, Sept. 10, 2025, in Orem, Utah. (Tess Crowley/The Deseret News via AP)
In a sworn affidavit, the teen described being scared in the moment but suffered no lasting trauma, required no counseling and quickly returned to normal school and work activities.
Robinson’s motion also points to the prosecution’s decision to seek the death penalty on the same day charges were filed, arguing it reflects bias or a rush to judgment.
Prosecutors reject that claim, saying the decision was based on the strength of the evidence, Utah law and a desire to curb speculation and misinformation in a case that immediately drew national and international attention.
Charlie Kirk speaks before he is assassinated during Turning Point’s visit to Utah Valley University in Orem, Utah on Sept. 10, 2025. (Tess Crowley/The Deseret News via AP)
Kirk, the founder of Turning Point USA, was fatally shot while answering a question during the outdoor forum attended by roughly 3,000 people. Robinson is charged with aggravated murder and faces the possibility of the death penalty if convicted.
Defense attorneys argue that while the trauma of the shooting is undeniable, it makes prosecutorial neutrality even more essential — not less. They contend the presence of a prosecutor’s family member at the event creates an unacceptable risk that decisions could be influenced by emotion rather than evidence.
A judge is scheduled to hear arguments on the motion Friday, Jan. 16. If the court grants Robinson’s request, the entire Utah County Attorney’s Office could be removed from the case, forcing the appointment of a special prosecutor and potentially delaying trial proceedings — including the state’s pursuit of the death penalty.
Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to stepheny.price@fox.com.
