Prosecutors in Utah are ready to move forward with the preliminary hearing of Tyler Robinson, the individual accused of the murder of conservative figure Charlie Kirk, according to recent court documents. Despite the absence of further DNA analysis, the case is set to proceed.
In a filing submitted on Friday, the prosecution indicated that DNA evidence, which allegedly connects Robinson to the crime, is not essential for the preliminary proceedings. It is anticipated that additional evidence will be presented during the hearing.
The prosecutors stated, “The State has previously indicated its intention to present DNA evidence at the preliminary hearing, linking the defendant to the charges outlined in the Information.”
They further elaborated, “Should the court decide that presenting such evidence necessitates a continuance, the State is prepared to move forward with the scheduled preliminary hearing without it. This decision is based on the State’s assessment that the other evidence to be presented will sufficiently establish probable cause for proceeding to trial.”
Tyler Robinson appeared in the Fourth District Court in Provo, Utah, on December 11, 2025, facing charges for the murder of Charlie Kirk. (Photo by Rick Egan/The Salt Lake Tribune)
The preliminary hearing is slated for May 18. However, Judge Tony Graf is expected to determine on Friday whether the hearing will go ahead as scheduled or if it will be delayed.
In late March, Robinson’s attorneys asked Graf for a minimum six-month delay for the preliminary hearing.
Robinson’s attorneys said in the filing that defense attorneys received more than 600,000 files from prosecutors during a meeting on March 12, which they say will take time to review. The team also said that the discovery is not yet complete.
“Discovery in this case is incomplete, voluminous, and the processing of it is complex,” the defense team wrote.
Charlie Kirk, CEO of Turning Point USA, speaks on stage on the first day of the Republican National Convention at the Fiserv Forum in Milwaukee, Wis., on July 15, 2024. (Chip Somodevilla/Getty Images)
Prosecutors in an April 30 filing accused Robinson’s defense team of misleading the public surrounding ballistics testing.
In a previous filing, Robinson’s attorneys claimed that “the ATF was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr. Robinson.”
However, Deputy Utah County Attorney Christopher Ballard said the claim was misleading and “misstated,” which resulted in widespread media coverage.
Tyler Robinson appears in 4th District Court in Provo on Friday, April 17, 2026, during a hearing related to the fatal shooting of Charlie Kirk. (Trent Nelson/The Salt Lake Tribune)
Ballard said Robinson’s defense left out critical context from the ATF report.
“The ATF was unable to identify or exclude the bullet as having been fired from the rifle,” Ballard wrote. “Defendant reinforced this misleading inference by following it up with, ‘the defense may very well decide to offer the testimony of the ATF firearm analyst as exculpatory evidence.’”
In the ATF report’s appendix, officials explained that “inconclusive” findings indicate that it was “an examiner’s opinion that there is an insufficient quality and/or quantity of individual characteristics to identify or exclude.”
Security at Utah Valley University is under scrutiny after the assassination of Turning Point USA founder Charlie Kirk. The pathway to the roof of the Loose Center remains largely unmonitored. (Stepheny Price/Fox News Digital/Trent Nelson/The Salt Lake Tribune/Getty Images)
Robinson faces multiple charges after he allegedly killed Kirk on Sept. 10, 2025, including aggravated murder. His charges are death penalty eligible.
Fox News’ Michael Ruiz, Stepheny Price, Julia Bonavita and Peter D’Abrosca contributed to the report.
