A Utah judge ruled Friday that prosecutors may continue seeking the death penalty against the man accused of assassinating Turning Point USA founder Charlie Kirk, despite finding that a prosecutor violated a court order restricting public comments about the case.
Fourth District Judge Tony Graf determined that Deputy Utah County Attorney Christopher Ballard violated the court’s pretrial publicity order by making comments to the media that exceeded the limits imposed by the judge.
However, Graf rejected the defense’s request to remove capital punishment as a sentencing option, concluding that such a sanction would be both legally unavailable and disproportionate to the misconduct.
Tyler Robinson, 23, is charged with aggravated murder and several additional felony offenses stemming from the September 2025 fatal shooting of Kirk during a Turning Point USA event at Utah Valley University.
Prosecutors allege Robinson intentionally targeted Kirk because of his political beliefs, a factor that could support an aggravated murder conviction and make him eligible for the death penalty under Utah law if convicted. Robinson has not entered a plea and remains jailed without bail.
The dispute arose after Ballard made public comments regarding forensic evidence in the case. Defense attorneys argued the prosecutor violated the gag order by discussing a bullet fragment recovered from Kirk’s body and expressing confidence in the strength of the prosecution’s evidence.
According to the defense, those statements risked prejudicing potential jurors and warranted the extraordinary sanction of barring prosecutors from pursuing a death sentence.
Judge Graf agreed that Ballard improperly crossed the line by publicly stating that the prosecution possessed sufficient evidence to obtain a conviction. As a result, the judge found Ballard in civil contempt and ordered the prosecution to pay the defense’s attorney fees associated with filing the contempt motion.
Despite that finding, Graf ruled that eliminating the death penalty was not an appropriate remedy.
“The court finds that striking the death penalty is grossly disproportionate to the misconduct and legally unavailable in this civil contempt framework,” Graf wrote in his ruling.
The judge also noted that the defense contributed to public confusion by filing court documents suggesting ballistics testing had excluded Robinson’s alleged weapon from the investigation, prompting prosecutors to publicly respond. While Graf concluded Ballard’s additional comments violated the court’s order, he determined that removing capital punishment as a sentencing option exceeded the authority permitted under Utah law.
Instead, the court ordered several measures intended to safeguard Robinson’s right to a fair trial.
Those measures include expanding the pool of prospective jurors and conducting more extensive questioning during jury selection to identify potential jurors who may have been influenced by media coverage surrounding the case, per Trending Politics.
Friday’s ruling marks another setback for Robinson’s defense team, which has filed numerous pretrial motions seeking to challenge evidence and limit the prosecution’s case.
Earlier this week, Judge Graf denied a defense request requiring Robinson’s former roommate and romantic partner, Lance Twiggs, to testify in person during the preliminary hearing. Prosecutors instead plan to introduce Twiggs’ recorded statements, in which he allegedly told investigators Robinson confessed to the shooting and discussed concealing the rifle after the incident.
The preliminary hearing remains scheduled to begin in early July. Prosecutors are expected to present surveillance video, forensic evidence, witness testimony and electronic communications they contend link Robinson to the shooting.
If Robinson is ultimately convicted of aggravated murder, prosecutors may continue seeking the death penalty, requiring a separate capital sentencing phase following any guilty verdict. Friday’s ruling leaves that option intact despite the court’s finding that a prosecutor violated the pretrial publicity order.
