Judge Finds Utah Prosecutor in Contempt but Keeps Death Penalty Option for Tyler Robinson

Judge Tony Graf ruled on June 26, 2026, that prosecutor Christopher Ballard was in contempt of court for statements made to media outlets this spring. The judge declined to remove the death penalty as a possible sentence for Tyler Robinson. Graf stated he would expand the jury selection process to ensure a fair trial.

He said the court finds that striking the death penalty is grossly disproportionate to the misconduct and legally unavailable in this civil contempt framework. Graf added that the prosecutor's additional public statements possessed a substantial likelihood of materially prejudicing the proceedings by communicating the prosecutor's assessment of the defendant's guilt.

Ballard serves as a spokesperson for the Utah County Attorney’s Office.

Ballard told media outlets that the prosecution still had plenty of evidence to show Tyler Robinson was guilty. The statements concerned an inconclusive ballistics report on a bullet fragment recovered from Charlie Kirk. The ATF described the tool mark analysis as inconclusive.

The caliber of the bullet fragment was consistent with the rifle allegedly used, and a spent casing recovered was a match to that rifle. A gag order had been issued to attorneys on both sides prior to March 2026. A defense filing that month stated the bullet found in Charlie Kirk's body had not been matched to the gun tied to Tyler Robinson.

During an evidentiary hearing on June 12, defense attorney Richard Novak argued that the appropriate remedy was to preclude the state from seeking the death penalty. A formal preliminary hearing in the case is scheduled for early July 2026. Utah requires a unanimous jury decision to impose the death penalty.