Judge to Rule on Defense Bid to Bar Death Penalty and on Contempt Claim in Kirk Murder Case

Attorneys for Tyler Robinson asked State District Judge Tony Graf on June 12 to block prosecutors from seeking the death penalty, citing comments prosecutors made in the media about a bullet fragment recovered from Charlie Kirk’s body. The request came after prosecutors responded to media speculation that the fragment could exonerate Robinson.

Prosecutors have stated they intend to seek the death penalty if Robinson is convicted.

Robinson, 23, from southwestern Utah, is charged with aggravated murder in the September 10, 2025 killing of Charlie Kirk. Kirk was shot in the neck while speaking at Utah Valley University. Robinson has not yet entered a plea.

Defense attorneys accused prosecutors of conducting a “media tour” discussing expert reports on the bullet fragment, violating the judge’s restrictions on out-of-court statements. They cited a federal agency’s failure to conclusively link the fragment with the rifle investigators believe was used. Ballistics experts’ initial tests did not match the bullet fragment with the rifle.

Authorities have said DNA consistent with Robinson’s was found on the trigger of the rifle, the fired cartridge casing, two unfired cartridges, and a towel used to wrap the rifle. ” Ballard stated he spoke only generally about how ballistics testing can be inconclusive and did not discuss case specifics with the media.

” Judge Tony Graf said he will issue his decision on the contempt allegation on June 22, 2026.

On June 12, Graf declined a defense request to halt proceedings while the defense appeals a June 1 order allowing cameras in the courtroom. A preliminary hearing is scheduled to begin July 6, 2026, at which prosecutors must show they have enough evidence to warrant a trial. -based Daily Mail reported that the bullet that killed Kirk “did NOT match” the rifle investigators say was used.