
A Utah judge has ordered the murder case against Tyler Robinson to proceed to trial after prosecutors presented evidence linking the 23-year-old to the fatal shooting of Charlie Kirk.
District Judge Tony Graf Jr. ruled Tuesday that prosecutors had met the legal threshold to bind Robinson over for trial on aggravated murder and other charges. Robinson’s attorney entered not guilty pleas on his behalf, and the next court hearing is scheduled for October 23.
Robinson is accused of killing Kirk, 31, with a rifle shot fired from a rooftop at Utah Valley University on September 10, 2025. Kirk, the co-founder of Turning Point USA, was speaking before thousands of people at a campus event when he was shot.
Defense Attorney Calls Kirk “Hateful”
During closing arguments at the probable cause hearing, defense attorney Richard Novak argued that prosecutors had not established what motivated Robinson to allegedly target Kirk.
Novak said Kirk “spoke hatefully of certain groups of people” and argued that there was a significant difference between Kirk’s political views and Robinson’s beliefs.
Kirk’s parents, widow Erika Kirk and other relatives were in the courtroom as Novak made the remarks. Members of Kirk’s family exchanged looks, and some appeared emotional.
The comments prompted immediate pushback from prosecutors and Kirk’s family attorney.
Utah County Chief Deputy Attorney Chad Grunander told the judge that the state strongly objected to Novak characterizing Kirk’s views as hatred.
Grunander argued that Kirk expressed political and religious opinions but that the evidence presented during the hearing did not establish that he was hateful toward particular groups. He also pointed to alleged messages from Robinson that prosecutors say described Kirk and his views in terms of hatred.
Kirk family attorney Jeffrey Neiman also rejected the defense characterization, saying Kirk built his public career around engaging people in difficult discussions.
“Charlie was the opposite of hate,” Neiman told the court, adding that the shooting itself represented hatred, Fox News reported.
Defense Strategy Draws Outside Criticism
David Gelman, a New Jersey criminal defense attorney who has followed the case, criticized Novak’s decision to focus on Kirk’s alleged rhetoric during a preliminary proceeding, calling it “so unprofessional,” according to Fox.
Gelman said defense attorneys can challenge a victim’s character when appropriate at trial but called the remarks about Kirk particularly inappropriate given the presence of his family.
He argued that the comments were unnecessary at a hearing focused primarily on whether prosecutors had presented enough evidence for the case to proceed.
Prosecutors Point To Alleged Motive
Prosecutors argued that Robinson’s alleged political disagreement with Kirk provides evidence of a motive.
Utah County prosecutor Ryan McBride told the court that Robinson’s views were fundamentally opposed to positions Kirk publicly advocated.
McBride also emphasized the danger posed to people attending the event, arguing that firing a rifle into a crowd of roughly 3,000 people created an obvious risk of additional deaths.
Defense attorneys disputed the prosecution’s ability to establish Robinson’s state of mind.
Novak argued that there was no testimony showing Robinson had previously discussed Kirk or demonstrated that he had formed a specific motive to kill him.
Another defense attorney, Staci Visser, challenged a legal aggravating circumstance that prosecutors are seeking to apply, emphasizing that the case involves one alleged shot and one victim.
Graf nevertheless ruled that prosecutors had met their burden at the preliminary stage and allowed the aggravating circumstance to remain in the case. The judge did not rule on its ultimate merits.
Evidence Presented in Five-Day Hearing
Tuesday’s ruling followed a lengthy preliminary hearing in which prosecutors presented physical, digital and video evidence they say connects Robinson to the shooting.
David Hull, a former State Bureau of Investigation agent, testified about Robinson’s movements before and after Kirk was killed.
According to testimony presented during the hearing, Robinson arrived at Utah Valley University hours before the shooting, purchased food from a campus Chick-fil-A and made contact with representatives of Turning Point USA.
Investigators allege that Robinson later changed clothes and positioned himself on a rooftop overlooking the amphitheater where Kirk was speaking.
Video shown in court reportedly captured a person investigators identified as Robinson crouching on the rooftop before the shooting. After Kirk was struck, the person could be seen moving across the roof, reaching ground level and fleeing on foot, according to Hull’s testimony.
Investigators also said they recovered a bolt-action rifle wrapped in a towel in a wooded area near the amphitheater. Utah Department of Public Safety Sgt. Jennifer Faumuina testified that DNA from Robinson and Lance Twiggs was found on the towel.
Robinson’s attorneys challenged the DNA evidence and questioned an FBI forensic analyst about possible testing errors.
Roommate Allegedly Described Robinson’s Actions
Twiggs, who was Robinson’s roommate and romantic partner at the time, has been a central prosecution witness.
Prosecutors played portions of an interview with Twiggs during the hearing. He told investigators that Robinson appeared nervous and paced around their apartment the day after Kirk was killed.
According to Twiggs, he confronted Robinson about whether he had shot Kirk. Robinson allegedly responded that he wished he had not done it and discussed either confessing to his parents or going to police.
Robinson eventually surrendered to authorities, according to prosecutors.
Prosecutors have also cited text messages they allege Robinson sent to Twiggs following the shooting. In one alleged message, Robinson referenced Kirk’s “hatred” and indicated that he believed the hostility could not be resolved.
Charging documents also describe inscriptions prosecutors allege were written on ammunition associated with the rifle.
The defense has challenged aspects of the prosecution’s evidence but has not presented an alternative suspect or theory identifying someone else as Kirk’s killer.
Aggravated Murder Charge Carries Death Penalty
Robinson faces an aggravated murder charge, a first-degree felony that makes him eligible for the death penalty if convicted and sentenced accordingly.
Judge Graf’s Tuesday ruling does not determine Robinson’s guilt. It means prosecutors presented enough evidence at the preliminary stage for the case to proceed to district court.
Robinson pleaded not guilty to all charges during his arraignment Tuesday.
Neiman urged the court to move the case toward trial as quickly as practical, citing the impact Kirk’s death has had on his family.
In a statement Tuesday night, Kirk’s family said the ruling represented an important step toward seeking justice.
The family also said the legal proceedings continue to carry the weight of Kirk’s death, particularly for his two children, who will grow up without their father.
Robinson is scheduled to return to court October 23 for a pretrial conference, when Graf could address further proceedings and potentially set a trial date.
Previous Coverage
To learn more about the case, read previous coverage from The Dallas Express, including the following:
- July 7, 2026: Tyler Robinson Preliminary Hearing: Charlie Kirk Murder Case
- June 24, 2026: Tyler Robinson Defense Setbacks in Charlie Kirk Murder Case — July Hearing Looms
- September 30, 2025: Lethal Injection or Firing Squad? Utah Seeks Death Penalty for Charlie Kirk’s Alleged Killer
- September 19, 2025: Authentic or Forged? Rumors Surround Robinson’s Texts in Kirk Assassination
- September 16, 2025: Read Full Details: Charlie Kirk’s Murder Planned in Advance, Indictment Suggests
- September 13, 2025: “Trans” Roommate of Tyler James Robinson Identified as Lance Twiggs, Cooperating With FBI
- September 12, 2025: Gifted Student Turned Assassin? What We Know About Tyler Robinson’s Arrest in Charlie Kirk’s Murder
- September 10, 2025: Confirmed: Charlie Kirk Assassinated in Targeted Attack
Provided by Dallas Express






