Utah judge binds over Tyler Robinson for trial in Charlie Kirk killing

A key factor in charging aggravated murder is whether the shooter knowingly created a risk of death to anyone else.

The hearing was in Provo, Utah.

Graf warned the audience not to make comments or visible reactions while court was in session.

Robinson’s lawyers said police failed to investigate evidence someone else might have carried out the killing.

Kirk, co-founder of Turning Point USA, helped build support for Donald Trump among young voters.

Erika Kirk became CEO and board chair of Turning Point USA after her husband’s death.

Erika Kirk has not commented on the death-penalty charge.

Defence lawyers had tried to have the death penalty taken off the table.

Kirk was shot in the neck.

Prosecutors said Robinson’s DNA was found on his grandfather’s rifle stashed in a wooded area near campus.

Prosecutors said Robinson scouted the campus the day Kirk was shot, including eating Chick-fil-A, before returning in different clothes.

Robinson’s lawyers have repeatedly objected to cameras livestreaming court proceedings.

Robinson’s roommate said the defendant confessed to the shooting, cried and said he wished he hadn’t done it.

Prosecutors said DNA was also found on a towel wrapping the rifle and a screwdriver recovered at the scene.

During July’s hearing the defence raised questions about procedure and the credentials of experts who testified.

Robinson turned himself in the day after the murder, with his family and a neighbour.

Kirk founded Turning Point USA, the conservative organization based in Phoenix.

Novak challenged a witness-tampering charge based on a message telling Lance Twiggs to ask for an attorney and remain silent.

Robinson’s defense divided its response among attorneys Staci Visser, Michael Burt and Richard Novak.

During the July hearings, prosecutors walked Graf through campus surveillance footage, witness accounts, DNA evidence and records of Robinson’s movements.

An FBI report said DNA on the towel wrapped around the rifle was likely to have come from Robinson and his roommate.

Investigators testified that surveillance video showed a man moving toward the Losee Center roof shortly before the shot and running afterward.

A rifle wrapped in a towel was found north of the campus.

Investigators described messages they said referred to retrieving and hiding a rifle, engraving bullets and changing clothes.

Graf said the defense reported more than $300,000 in shares were traded as of Aug. 22.

Defense attorneys said investigators could not identify the rooftop figure from the surveillance video alone.

Graf ruled there is enough evidence that Robinson put bystanders’ lives at risk when he fired over the heads of thousands, including children, at Utah Valley University on Sept. 10, 2025.

Those charges with aggravating factors could carry a death sentence by firing squad if he is convicted.

McBride argued Kirk was in a crowd of 4,000 people, surrounded literally on all sides.

Graf found the state established probable cause for the victim-targeting allegation, allowing the capital sentencing enhancement to move forward.

Graf said the preliminary-hearing standard is not proof beyond a reasonable doubt, but whether there is enough evidence to send the charges to trial.

The defense waived a formal reading of the charges, and Robinson’s attorney entered not-guilty pleas on his behalf.

Aggravated murder and the firearm charges are first-degree felonies; obstruction is second-degree; witness tampering is third-degree.

Robinson’s mother grew emotional as Graf delivered his ruling.

Defense lawyer Kathryn Nester recommended 30 days until the next hearing, calling the case complex.

Grunander said he would like the next hearing as soon as possible, and within two weeks if the court allows.

Robinson’s defense attorneys argued prosecutors were stretching the difference between evidence and inferences.

Erika Kirk cried as she nodded in agreement as Neiman spoke.

McBride read a letter he said Robinson wrote to Lance Twiggs.

Graf said he took 24 pages of notes, which he reviewed during the final recess before ruling.

Kirk supporters in Turning Point USA merchandise waited outside the Provo courthouse after the ruling.

Robinson’s parents were in the front row of the gallery.

Kirk’s loved ones could be seen shaking their heads and crying after Novak’s comments.

Robinson’s lawyers argued Robinson may not have known children were present.

McBride provided photographs that showed multiple children were at the event.

The prosecution said the case is as straightforward a bindover decision as the court will ever see.

The defense argued some information, if unclassified, may influence the jury and undermine a fair trial.

Graf said the court seeks to balance the interest of transparency with the rights of the defendant.

The defense used witnesses and cross-examination to argue there is insufficient evidence against Robinson.

Rather than hear closing arguments in July, Graf allowed both parties to submit written closings.

Graf asked that before each image is shown, McBride say what the courtroom is about to see so victim representatives can leave.

The first two hours were spent arguing over what exhibits could be shown in court and to the public.

The defense claimed the state’s line-of-fire argument does not hold up.