Tyler Robinson to go on trial for Charlie Kirk killing, death penalty still possible

Fox News correspondent Garrett Tenney has the latest on a Utah judge's ruling that accused Charlie Kirk assassin Tyler Robinson will stand trial on aggravated murder charges and remain eligible for the death penalty, after prosecutors argued he knowingly endangered others during the 2025 shooting at a Turning Point USA event, on 'Jesse Watters Primetime.'

Tyler Robinson, the man accused of assassinating conservative activist Charlie Kirk, will stand trial after a Utah judge ruled Tuesday that prosecutors presented enough evidence to move forward on all seven charges against him.

Robinson pleaded not guilty to all charges moments after Judge Tony Graf issued the ruling. Graf also ruled that prosecutors may continue seeking the death penalty in the case. He found that the state established probable cause for the victim-targeting allegation, allowing the capital sentencing enhancement to move forward.

"Viewed in the light most favorable to the prosecution, this evidence is sufficient at this stage to support a reasonable belief that the defendant is the individual who shot and killed Charlie Kirk," Graf said.

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Tyler Robinson, charged in the fatal shooting of Charlie Kirk, sits as his defense team argues before the judge during closing arguments at his preliminary hearing in 4th District Court in Provo on Tuesday, Sept. 1, 2026. (Francisco Kjolseth | The Salt Lake Tribune)

Graf emphasized that the standard at a preliminary hearing is not whether prosecutors have proven their case beyond a reasonable doubt, but whether there is enough evidence to send the charges to trial.

"Whether the state can prove the aggravating circumstance beyond a reasonable doubt remains for trial," Graf said. "Count one is bound over for trial."

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Tyler Robinson pleaded not guilty to all seven charges filed by prosecutors. (Francisco Kjolseth | The Salt Lake Tribune)

The judge also sided with prosecutors on the victim-targeting allegation against Robinson, concluding that the state had established probable cause for the allegation.

Graf ultimately ordered Robinson to stand trial on all seven charges: aggravated murder; felony discharge of a firearm causing serious bodily injury; two counts of obstruction of justice; two counts of witness tampering; and committing a violent offense in the presence of a child.

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(Francisco Kjolseth | The Salt Lake Tribune) Tyler Robinson, charged in the fatal shooting of Charlie Kirk, sits during closing arguments at his preliminary hearing in 4th District Court in Provo on Tuesday, Sept. 1, 2026. ( )

The aggravated murder and firearm charges are first-degree felonies, while the obstruction charges are second-degree felonies and the witness tampering charges are third-degree felonies. The final charge,committing a violent offense in the presence of a child, is a Class A misdemeanor.

The court moved directly into Robinson’s arraignment after Graf issued his ruling. The defense waived a formal reading of the charges, and Robinson’s attorney entered not guilty pleas on his behalf.

The ruling came hours after another courtroom fight over whether cameras should be allowed to remain in the high-profile proceedings.

Following closed-door arguments Tuesday morning and additional arguments in open court, Graf again denied a defense motion seeking to remove cameras from the courtroom.

Robinson’s attorneys had raised concerns about the intense publicity surrounding the case, including what they described as online marketplace gambling tied to its outcome.

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Graf ruled cameras could remain, subject to the restrictions laid out in his courtroom decorum order.

Kirk, 31, was shot and killed Sept. 10, 2025, while speaking before thousands at an outdoor Turning Point USA event at Utah Valley University in Orem, Utah. Prosecutors have accused Robinson of firing the fatal shot from an elevated position overlooking the crowd.

ACCUSED CHARLIE KIRK ASSASSIN TYLER ROBINSON FIGHTS BACK AS PROSECUTORS' SPRAWLING CASE COMES INTO FOCUS

Erika Kirk departs court in Provo, Utah, Monday, July 6, 2026. The widow of Charlie Kirk was attending the first day of preliminary hearings against, Tyler Robinson who is on trial for Kirk's murder. (Alec Thornock for Fox News Digital)

Before Tuesday’s hearing ended, Jeff Neiman, an attorney representing Kirk’s family, urged the court to move the case toward trial without unnecessary delays and pushed back against comments defense attorney Richard Novak made about Kirk.

"Charlie devoted his life to building a community of over a million young people rooted in faith and freedom. He had hard conversations others were too afraid to have," Neiman told the court.

ERIKA KIRK COMFORTS A STRANGER IN TEARS DURING HEARING FOR HUSBAND'S ACCUSED ASSASSIN TYLER ROBINSON

Charlie Kirk throws hats to the crowd after arriving at Utah Valley University in Orem, Utah, on Sept. 10, 2025. Kirk, founder of Turning Point USA, was speaking at his "American Comeback Tour" when he was shot in the neck and killed. (Trent Nelson/The Salt Lake Tribune/Getty Images)

"Charlie was the opposite of hate," he continued. "Firing a bullet into a crowd and assassinating him. That is hate."

Neiman said Kirk’s family recognizes Robinson’s right to a fair trial but wants the case to move forward swiftly.

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"The United States Constitution guarantees criminal defendants many rights. The right to delay is not among them," Neiman said. "The defendant is entitled to a fair trial, and he must be given one. But nothing more is owed."

"We have no doubt this court will give the defendant a fair trial," he added. "We ask that it do so swiftly."

Neiman later specifically asked Graf to set a trial date at Robinson’s next court appearance so Kirk’s family would know when the case is expected to move forward.

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Robinson is due back in court Oct. 23 at 1 p.m. local time for a status conference and has been ordered to appear. A trial date could be set at that hearing.

Following Tuesday's hearing, Kirk's family said Graf's decision to send Robinson to trial marks "an important step" in their pursuit of justice nearly one year after Kirk's death.

"Today's decision, which comes nearly a year since Charlie was taken from us, marks an important step in our family's pursuit of justice for him," the family said in a statement.

The family said every stage of the case has carried "the weight of all that Charlie's murder has taken," especially for Kirk's children, who "will grow up without their father."

As the case moves toward trial, the family said they remain committed to seeking justice for Charlie while praying for "a transparent and timely process."

Fox News' Lee Ross contributed to this report.

Stepheny Price is a Writer at Fox News with a focus on West Coast and Midwest news, missing persons, national and international crime stories, homicide cases, and border security.

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