Tyler Robinson update: Defense squeezes 'misleading' claim about ballistics in fight against death penalty

Defense attorneys for Tyler Robinson are urging a Utah judge to throw out prosecutors’ most recent filing, which opposes their request to remove the death penalty as a possible punishment over alleged gag order violations.

In a filing submitted Thursday, Robinson’s legal team said striking the death penalty notice would be a fitting response after prosecutors made public comments about the case outside the courtroom.

“The only way that this Court can demonstrate that its orders, and the ethical rules that counsel must obey, are not optional when it comes to the State’s attorneys, even in this case, is to impose the sanction undersigned counsel have urged upon this Court: striking the State’s death notice,” the filing states. It was signed by defense attorneys Kathryn Nester, Richard Novak, Michael Burt and Staci Visser.

Prosecutors deny breaching the gag order or violating court rules, saying they acted only to “set the record straight” after what they described as a misleading defense filing fueled widespread coverage suggesting the ATF could not link the bullet that killed Charlie Kirk to the suspected murder weapon — a rifle belonging to Robinson’s grandfather.

Tyler Robinson wearing shirt and tie in court and Charlie Kirk wearing Freedom T-shirt at event

Tyler Robinson is charged with fatally shooting Turning Point USA founder Charlie Kirk during a public speaking event at Utah Valley University in September. (Bethany Baker/Pool via REUTERS, Trent Nelson/The Salt Lake Tribune/Getty Images)

Court records show the ATF was unable to either identify or rule out Robinson’s grandfather’s rifle as the source of the bullet fragment recovered from Kirk, calling the tool mark analysis inconclusive. However, investigators said the caliber was consistent, and a spent casing was matched to the firearm.

Prosecutors have stated they will seek the death penalty if Robinson is convicted of assassinating Kirk at a Turning Point USA event held at Utah Valley University on Sept. 10, 2025.

The back-and-forth has evolved into a war of words, with prosecutors accusing the defense of releasing misleading information through court filings, and the defense accusing prosecutors of “hubris” when responding in a string of media interviews they claim violate a gag order.

Tyler Robinson standing in a courtroom in Provo, Utah.

Tyler Robinson appears during a hearing in Fourth District Court in Provo, Utah, on Dec. 11, 2025. He is accused of the murder of Charlie Kirk. (Rick Egan/The Salt Lake Tribune)

Robinson’s lawyers want the prosecution’s written opposition stricken because the judge didn’t specifically ask for it. During a hearing Friday, the court directed parties to address the defense’s allegations of contempt and the potential consequences for it orally — but didn’t ask the sides to file written briefs, Robinson’s lawyers wrote.

Prosecutors also didn’t coordinate with the defense before submitting their objection earlier this week, they argued.

The defense wants prosecutors punished for speaking about the case outside the courtroom — and Robinson’s lawyers are arguing that taking the potential death penalty off the table as a result would be an appropriate response.

Deputy Utah County Attorney Christopher Ballard and Deputy Utah County Attorney Ryan McBride seated in 4th District Court in Provo

Deputy Utah County Attorney Christopher Ballard and Deputy Utah County Attorney Ryan McBride appear in 4th District Court in Provo during a hearing for Tyler Robinson, accused in the fatal shooting of Charlie Kirk, on May 19, 2026. (Trent Nelson/Pool)

Prosecutors say that would be an overreaction.

“A reduction in the aggravated-murder charge from a capital felony to a first-degree felony is dramatically disproportionate to the alleged misconduct,” wrote Deputy Utah County Attorney Ryan McBride.

Neither the gag order on Robinson’s case nor state court rules prohibited prosecutors from correcting what they saw as the defense’s misleading court filing, he argued.

Charlie Kirk tossing hats to a crowd at Utah Valley University rally

Charlie Kirk, founder of Turning Point USA, tosses hats to a crowd at Utah Valley University in Orem, Utah, on Sept. 10, 2025, shortly before he was shot and killed. (Trent Nelson/The Salt Lake Tribune/Getty Images)

State law “expressly allows attorneys to make ‘statements that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer,'” he wrote.

Prosecutors have denied wrongdoing and insist they were allowed to “set the record straight.”

The claim, which prosecutor Christopher Ballard described as misleading and “misstated,” generated millions of views from just one report — and inspired additional coverage in local and national media.

It also boosted unverified claims that other people could have been responsible for Kirk’s murder.

But the defense left out a crucial piece of context, according to Ballard, in another filing.

“The ATF was unable to identify or exclude the bullet as having been fired from the rifle,” he wrote, emphasizing the missing information in italics.

“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,'” he added.

Judge Tony Graf Jr. is expected to announce his decision on the matter in a virtual hearing Monday.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Melania Trump hails Oleshky ceasefire as potential ‘spark’ for progress amid Ukraine-Russia war

Melania Trump Calls Oleshky Ceasefire a Spark for Ukraine Peace

First lady Melania Trump and representatives from Russia and Ukraine appeared together…
Abdul El-Sayed's pattern of heated exchanges with reporters draws further scrutiny after latest meltdown

Michigan Democrat Abdul El-Sayed Faces Scrutiny Over Reporter Clashes

Senator-elect Abdul El-Sayed, D-Mich., went viral this week after a heated encounter…
$847M Powerball winner remains a mystery – as New Jersey lottery officials urge players to check their tickets

$847M Powerball Winner Still Unclaimed as New Jersey Officials Urge Players to Check Tickets

The winner of New Jersey’s $847 million Powerball jackpot has yet to…
Top Justice Department official asks Minnesota judges to step aside from immigration cases

Three Allegedly Used AI to Steal $129M as Executives, Lawyers

New York — Three people accused of using artificial intelligence to impersonate…
Oil-rich UAE makes massive AI bet as Sam Altman unveils ambitious plan to transform energy industry

UAE Backs Major AI Push as Sam Altman Unveils Plan to Transform the Energy Industry

Artificial intelligence shared the spotlight with oil and gas at the opening…
Convicted killer drank beer, ate garlic bread and stole 3 guns while on the run: cops

Convicted Killer Drank Beer, Ate Garlic Bread and Stole 3 Guns While on the Run, Police Say

A convicted murderer on the run in Tennessee reportedly helped himself to…
Woman claims 'obsessed' stepdad made shrine with her underwear, raped her before he killed her mom in murder-suicide

Woman Alleges Stepfather Built Underwear Shrine and Raped Her Before Killing Her Mother in Murder-Suicide

The daughter of a woman killed by her ex-husband in an upstate…
Marine veteran working security hailed as hero after stopping active shooter at Florida Citibank campus

Marine Veteran Security Guard Stops Active Shooter at Florida Citibank

Newly released body camera video shows deputies escorting employees from a Citibank…
Clash in the castle: Medieval Times dinner theater insiders allege animal cruelty, sexual harassment

Medieval Times Insiders Allege Animal Cruelty, Sexual Harassment

For 43 years, performers at Medieval Times Dinner & Tournament venues across…
Battered NY GOP members turn ire on party boss — with ousted Lawler floated as replacement

Battered New York GOP Lawmakers Target Party Boss, Float Ousted Lawler

Reeling New York Republicans are calling for longtime state party Chairman Ed…
Anthony Santander under fire for controversial Abdul El-Sayed posts

Anthony Santander Faces Backlash Over Controversial Abdul El-Sayed Posts

Anthony Santander appeared to criticize Michigan’s election of Abdul El-Sayed on Tuesday,…
Michigan nephew, 4 others convicted for abducting, beating uncle Curtis Dixon who was gifted $100K in viral video 

Michigan Nephew, 4 Others Convicted in Curtis Dixon’s $100K Abduction

A Michigan man and four alleged accomplices have been convicted in a…