US4 min(s) read
Published 12:05 04 Jul 2026 GMT
A judge has made a huge decision in the Charlie Kirk case, and it's to do with Tyler Robinson, who is accused of murdering the right-wing podcaster.
Robinson's legal team recently argued that prosecutors should face sanctions for allegedly violating a gag order by discussing the case publicly, with the latest update linked to the death penalty.
There has been an ongoing dispute between the parties over whether the death penalty should remain an option.
Robinson was arrested just two days after gunning down the Turning Point USA founder during an event at Utah Valley University on September 10, 2025.
He was held without bail before being handed four charges - aggravated murder, felony discharge of a firearm, obstruction of justice and witness tampering.
The case has not gone to trial yet, but in the preliminary hearing, there have been a lot of question marks and controversy around proceedings.
One of the biggest moves by Judge Tony Graf came last month, when he found one of the prosecutors to be in contempt of court after violating a pre-trial gag order.
According to CNN, this prevented him from speaking about the case, resulting in the pre-trial ruling.
This unfolded after Robinson's defense team filed an ATF ballistics report, with results suggesting that the bullet fragment recovered from Kirk's body wasn't conclusively matched to the rifle allegedly used by the defendant.
Prosector Christopher Ballard then proceeded to go on a "media tour," as described by the judge, fighting suggestions that the report weakened the prosecution's defense.
Judge Graf acknowledged that Ballard could correct misleading public reporting in connection to the report, but he could not state that he had "ample evidence to prove Robinson was guilty."
While this isn't a rare occurrence in high-profile trials, a pre-trial publicity order was put in place, limiting what lawyers are allowed to say in public.
This is usually done to protect the defendant’s right to a fair trial.
Despite Judge Graf finding Ballard in contempt of court, he has not removed the death penalty as an option if Robinson is found guilty.
There is a high chance that he will face the death penalty if found guilty, as prosecutors haven't hid the fact that they will be seeking it in the case.
But it will be up to the jury to decide if Robinson should be sentenced to death, if he is found guilty in the first place.
Prosecutors have argued in favor of the death penalty several times, claiming the killing was planned and that Kirk was a target due to his political views, while the shooting took place in a public area with children present.
After the prosecution was found to be in contempt of court, the defense argued that they should face punishment.
They suggested that capital punishment be taken off the table altogether, as attorneys Kathryn Nester, Richard Novak, Michael Burt, and Staci Visser made clear in a statement.
“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,” they stated.
The prosecution has disagreed with this being a fair consequence.
Deputy Utah County Attorney Ryan McBride additionally said: “A reduction in the aggravated-murder charge from a capital felony to a first-degree felony is dramatically disproportionate to the alleged misconduct.”
Robinson has not yet entered a plea, but on July 6, the judge will decide if there is probable cause for the case to proceed to trial.
