Robinson allegedly killed Kirk nearly one year ago
Tyler Robinson’s case will move forward toward an expected trial for the alleged murder of Charlie Kirk, Judge Tony Graf ruled today.
The Fourth District Court judge found there was enough evidence to warrant a trial. Robinson stands accused of killing Kirk, the founder of Turning Point USA, nearly a year ago at Utah Valley University. Graf allowed the aggravated murder charge to stand, meaning the death penalty remains on the table.
The hearing began with Judge Graf denying requests to redact certain filings by Robinson’s team. Graf also granted a request for the media to livestream the proceedings – a frequent point of contention during the July hearings.
Some media outlets were denied requests to take still photographs, although the judge allowed for pool photography by one media organization.
Prosecutors argued that Robinson targeted Kirk for his conservative views on homosexuality and gender. Robinson was in a “homosexual relationship” with Lance Twiggs, who had begun to identify as a woman, according to prosecutors.
The defense worked to decrease the amount of additional charges that Robinson is being charged with, including the victim targeting enhancement, the “aggravator enhancement” and the count claiming Robinson told his roommate to not talk with the police.
The victim targeting enhancement argues that Robinson shot Kirk because of his political opinions. The state is arguing that this is true because Robinson lived with, and allegedly dated, Twiggs, who had socially transitioned to “Luna Twiggs” in some circles. During Tuesday’s oral arguments, the defense said “It is true that Charlie Kirk spoke hatefully of certain groups of people,” while the state later retorted by saying there was no evidence admitted to the court that substantiated this statement.
WATCH: A group of high school and college TPUSA students have arrived outside the Fourth Judicial District Courthouse in Provo, Utah, in a show of support for Charlie Kirk and his family.
— FRONTLINES TPUSA (@FrontlinesTPUSA) September 1, 2026
This is happening as Judge Graf reviews his notes and decides whether Tyler Robinson will… pic.twitter.com/I24bJLh1TR
The “aggravator” enhancement is the question of whether or not Robinson endangered any of the nearly 3,000 people who were in attendance at the September 2025 event at UVU.
Predicted next steps for the trial
All of the evidence presented during the preliminary hearing is likely to make another appearance during the jury trial. As with this summer’s hearing, evidence during the jury trial is likely to be met by objections by the defense, questioning admissibility of evidence.
The publication of evidence will likely be a source of contention during the trial after a camera operator mistakenly showed a piece of evidence which was not meant to be shown to the public during the July proceedings.
This ruling does not necessarily continue into the trial.
A law professor at the University of Utah previously predicted Robinson’s defense team will focus on trying to avoid the death penalty by flipping one juror.
Paul Cassell, a former federal judge, said the defense is going to focus on questioning the admissibility of evidence, working to get the least amount of evidence admitted to the court as possible.
He also highlighted that the main goal of the defense will come during the penalty phase, which would follow a guilty verdict from the jury.
During this phase, Cassell said that the defense will work to get at least one juror to oppose a death penalty verdict, as a unanimous decision is required for the death penalty in Utah.
Cassell told The Fix the defense would attempt a variety of “mitigation strategies” during the penalty phase in order to “prove that the death penalty is not appropriate.”
These strategies could include methods such as a psychological evaluation.
Tyler Robinson's hearing resumes today.
Judge Tony Graf ruled the prosecution can present a still photo of Kirk being shot. pic.twitter.com/TKpcA7kO8d
— The College Fix (@CollegeFix) September 1, 2026
Erika Kirk, Charlie’s widow, was present for today’s hearing. Judge Graf said a still photo of Kirk being shot could be shown but asked that Kirk be allowed to leave the court first.