Judge Keeps Death Penalty in Kirk Killing Case but Orders Prosecutors to Pay Defense Fees

Judge Tony Graf ruled that the death penalty remains available in the case against Tyler Robinson, who is accused of killing Charlie Kirk. Graf made the decision even after holding lead prosecutor Christopher Ballard in civil contempt for speaking to TMZ, USA Today, and Fox News while a gag order was in place.

Graf ordered the prosecution to pay Robinson’s attorneys’ fees from the contempt litigation.

He rejected the defense request to remove the death penalty as a sanction, calling it grossly disproportionate. Graf also stated that Robinson’s lawyers initiated the media frenzy that prompted Ballard’s comments. Graf found that Ballard’s statements about sufficient evidence to convict Robinson violated the gag order, while his comments on bullet evidence did not.

The judge said he will increase the number of prospective jurors and add more pre-screening questions to address potential bias from the remarks. Robinson, 23, is accused of killing Kirk at an event at Utah Valley University in Orem on September 10. A multi-day preliminary hearing is scheduled for next month to determine whether sufficient evidence exists for the case to proceed to trial.

Videos of the shooting, videotaped interviews of Robinson’s roommate Lance Twiggs conducted in exchange for partial immunity, and text messages in which Robinson allegedly confessed are expected to be presented. Robinson will not enter a plea until after the hearing. Ballard had told media outlets that his office had enough evidence to convict Robinson.

Robinson’s defense team filed papers claiming the Bureau of Alcohol, Tobacco, Firearms and Explosives found that the bullet in the gun Robinson allegedly used did not match the round recovered from Kirk’s body.