Judge to decide if Tyler Robinson will stand trial in Charlie Kirk's killing

A Utah judge will decide Tuesday if there’s enough evidence to put the man accused of killing Charlie Kirk on trial for aggravated murder, which would make him eligible for the death penalty.

The hearing in state court comes after prosecutors in July spent five days presenting what they said was “overwhelming” evidence that Tyler Robinson killed the conservative activist while he was speaking at an open-air event on a college campus.

The 23-year-old defendant turned himself in a day after the shooting at Utah Valley University last September. He has not yet entered a plea, and his lawyers have not offered alternative theories for Kirk’s death. They’ve focused instead on blocking the case from proceeding to trial and trying to get the death penalty taken off the table.

Heavy security surrounded the Fourth Judicial District Courthouse in Provo, where Kirk’s parents, Robert and Kathryn Kirk, entered arm in arm before the hearing. Erika Kirk also was expected in court but did not use a public entrance. A few local members of Kirk’s organization, Turning Point USA, arrived with signs expressing their support for Erika Kirk but were told by security that they could not have them on the court property.

District Judge Tony Graf has the option to send the case to trial on a lesser charge of murder, which carries a minimum sentence of 15 years and a maximum of life in prison, said Steve Burton, director of the Utah Defense Attorney Association. Graf could also dismiss the charges against Robinson, in which case prosecutors could refile them.

A key factor in charging aggravated murder is whether the shooting endangered others.

Attorneys will present final arguments Tuesday — closing out an unusually long preliminary hearing — and Graf plans to announce his decision from the bench, state courts spokesperson Tania Mashburn said.