Utah Judge Holds Prosecutor in Contempt but Keeps Death Penalty Option

A Utah judge ruled Friday to hold a prosecutor in civil contempt for violating a pretrial publicity order in the murder case against the man accused of killing Charlie Kirk. The judge left the death penalty available as a possible outcome if the defendant is convicted. The contempt finding followed comments the prosecutor made to media outlets this spring about an inconclusive ballistics report.

The statements also referenced the strength of the state's case against Tyler Robinson. "Those additional public statements possessed a substantial likelihood of materially prejudicing the proceedings by communicating the prosecutor's assessment of the defendant's guilt," the judge said. The defense had asked the judge to bar the state from seeking the death penalty.

The judge declined that request but said additional measures during jury selection would address any effects on the jury pool. The defense will be allowed to recover legal fees tied to the contempt proceedings. Robinson faces charges of aggravated murder, felony use of a firearm, obstruction of justice, witness tampering, and committing a violent act in the presence of a child.

The charges stem from the fatal shooting of Kirk on a Utah college campus last September. Robinson has not yet entered pleas. The judge's decision on the contempt motion had been expected earlier in the week.

At a Monday hearing, the judge said additional briefing required more time for review.