Nearly a year after Charlie Kirk was fatally shot at a Utah university, a judge is expected on Tuesday to determine whether the Utah man accused in the killing of the conservative activist should stand trial — and whether prosecutors may pursue the death penalty.
Judge Tony Graf is set to hear the matter at 10 a.m. (1600 GMT) in Provo, Utah, where he will decide whether prosecutors have presented enough evidence to try 23-year-old Tyler Robinson in the killing of one of the most recognizable figures on the U.S. right.
Graf is expected to rule from the bench after as much as four hours of closing arguments. If he finds probable cause to move the case forward, Robinson could be arraigned afterward, a Utah courts spokesperson said in an email. Robinson has not yet entered a plea.
Prosecutors allege Robinson, a former electrical apprentice, fired the single shot that killed Kirk, 31, while the conservative commentator was debating students at Utah Valley University in Orem on September 10, 2025.
Tuesday’s hearing comes after a week-long preliminary hearing in July, which was attended by Kirk’s widow, Erika Kirk. She was also expected to be present for Tuesday’s proceedings.
At the preliminary hearing, prosecutors described their case as “overwhelming,” pointing to evidence that they said included test results linking Robinson’s DNA to the murder weapon.
Defense attorneys challenged the prosecution’s DNA evidence and argued that investigators failed to fully examine indications that someone else may have been responsible for the shooting.
Robinson faces an aggravated murder charge, with prosecutors alleging he also put the lives of others at the event in danger. Under Utah law, that charge can carry the death penalty.
His attorneys have argued the shooting is not a capital offense as the shooter hit the “intended target” and did not put anyone else’s life at risk.
Here’s the latest on the murder trial of Charlie Kirk’s alleged killer, Tyler Robinson:
Prosecutors also allege Robinson, who was in a relationship with roommate Lance Twiggs, targeted Kirk for his political views against gay marriage and transgender rights.
That argument could bolster the prosecution as it pursues the death penalty.
Defense lawyers have said there is no evidence Robinson disagreed with Kirk’s political views. Kirk, co-founder of Turning Point USA, helped build support for President Donald Trump among young voters and aided Republican voter-turnout efforts.
At a memorial following Kirk’s shooting, Erika Kirk, who became CEO and board chair of Turning Point USA after her husband’s death, said she forgave the alleged shooter. She has not commented on the death penalty charge.
