Tyler Robinson set to return to court for hearing on prosecutors’ conduct, death penalty

PROVO, Utah – Tyler Robinson, the man accused of fatally shooting Charlie Kirk in September 2025, is expected to appear in court Friday for a virtual hearing.

Why you should care:

Judge Tony Graf Jr. is considering whether prosecutors violated a pretrial publicity order by speaking to the media about key ballistics evidence. If he finds misconduct, Robinson’s attorneys want the judge to bar prosecutors from seeking the death penalty.

Dig deeper:

The dispute centers on an ATF ballistics report. Robinson’s defense argued the agency could not identify the bullet recovered during Kirk’s autopsy as having been fired from the rifle allegedly used in the shooting.

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Prosecutors say that claim left out critical context. While the bullet was too damaged to be conclusively matched to the rifle, the ATF also could not exclude it as the source, and the bullet’s caliber was consistent with the suspected murder weapon. Prosecutors say they were permitted to speak publicly to correct what they described as a misleading characterization that spread widely in news reports and on social media.

During a hearing, Utah County Attorney Jeff Gray took the witness stand as Robinson’s attorneys questioned him about the prosecution’s public statements. Gray denied violating court rules or the gag order, maintaining his office’s comments were intended only to “set the record straight.”

An appendix to the ATF report states that an “inconclusive” finding means there were not enough individual characteristics on the fragmented bullet to either identify or exclude the rifle as the source.

Defense attorney Richard Novak argued prosecutors intentionally influenced public opinion and later accused Gray’s office of a “cover-up” over the motivation for the out-of-court statements.

RELATED: Charlie Kirk bullet match analysis prompts defense to ask for prelim delay

Judge Graf has not yet ruled on whether prosecutors violated the court’s order or whether the defense’s requested sanction—removing the death penalty as a sentencing option—is warranted.

The backstory:

Prosecutors intend to seek the death penalty if Robinson, 23, is convicted. He is charged with crimes including aggravated murder in the Sept. 10 assassination of the conservative activist on the Utah Valley University campus. Robinson has not yet entered a plea.

Prior to his death, Kirk and the conservative youth movement he founded, Turning Point USA, emerged as a major force in U.S. politics and helped President Donald Trump win a second term.

Prosecutors have said Robinson left a note for his romantic partner that read, “I had the opportunity to take out Charlie Kirk and I’m going to take it.” They have also said he wrote in a text message about Kirk: “I had enough of his hatred. Some hate can’t be negotiated out.”

RELATED: Tyler Robinson hearing: Judge denies request to seal evidence in Charlie Kirk murder case

What’s next:

The ruling comes ahead of a key hearing scheduled to begin July 6, when prosecutors must show they have enough evidence to warrant a trial. That would mark the most significant presentation of evidence to date in the case, which has so far focused on matters of media access.

Crime and Public SafetyCharlie KirkUtahNews