Judge Holds Prosecutor in Contempt in Charlie Kirk Case — Death Penalty Still Possible
The man accused of assassinating Charlie Kirk will still face a potential death sentence, a Utah judge ruled this week — even as the same judge found a prosecutor in contempt of court for violating a gag order.
Tyler Robinson, 23, is charged with aggravated murder in the Sept. 10, 2025 shooting death of Kirk, the Turning Point USA founder and close Trump ally who was killed while speaking at Utah Valley University. With a preliminary hearing now set to begin July 6, the case is entering a critical new phase.
The Contempt Ruling
Fourth District Judge Tony Graf ruled Friday that Deputy Utah County Attorney Christopher Ballard violated a pretrial publicity order by making public comments about the strength of the case against Robinson. The comments came after a defense filing revealed that ballistics testing on a bullet fragment recovered from Kirk's body had returned inconclusive results regarding whether it matched the rifle authorities allege Robinson used.
Ballard spoke to multiple outlets, including TMZ, in response to coverage of that filing, telling reporters at one point that prosecutors had "ample evidence" against Robinson. Graf found that specific comment crossed the line. "Those additional public statements possessed a substantial likelihood of materially prejudicing the proceedings by communicating the prosecutor's assessment of the defendant's guilt," Graf said in his ruling.
As a result of the contempt finding, Robinson's defense team will be allowed to recoup legal fees tied to the contempt proceedings, and Graf said he would expand the jury selection process to help ensure a fair trial. He stopped short, however, of granting the defense's broader request to take the death penalty off the table entirely. "The court finds that striking the death penalty is grossly disproportionate to the misconduct and legally unavailable in this civil contempt framework," Graf said.
The Ballistics Dispute
At the center of the contempt fight is a report from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, unsealed by Graf in April. The report found that an ATF examiner could not conclusively match the bullet fragment recovered from Kirk's body to a rifle authorities say belonged to Robinson's grandfather. The defense pointed to that finding as evidence the prosecution's physical evidence is weaker than portrayed.
Prosecutors have pushed back on that framing, noting that while the ATF could not positively match the bullet to the rifle, it also could not exclude it. They've said the caliber was consistent and that a spent cartridge casing recovered at the scene was a confirmed match. Two law enforcement sources told Fox News that the bullet had become too deformed upon striking Kirk's spine to allow for a definitive forensic match — a known limitation in ballistics analysis.
What's Coming Next
Robinson's preliminary hearing is scheduled to begin July 6, where prosecutors must establish whether sufficient evidence exists to proceed to trial. Ahead of that hearing, Graf ruled this week that Robinson's former roommate and romantic partner, who is cooperating with investigators and has not been charged, will not be required to testify in person — rejecting a defense request that argued Robinson's right to confront witnesses required live testimony.
Graf said the purpose of a preliminary hearing is narrower than a trial. "The Utah Supreme Court has repeatedly emphasized that a preliminary hearing is not a trial on the merits, but a gateway to the finder of fact," Graf said, adding that questions about a witness's credibility are properly reserved for a jury if the case proceeds to trial.
Prosecutors have said Robinson texted his roommate that he targeted Kirk because he "had enough of his hatred." Robinson, who was studying to be an electrician at the time of the shooting, turned himself in to a local sheriff's office the day after the killing. He faces charges including aggravated murder, felony discharge of a firearm causing serious bodily injury, two counts of felony obstruction of justice, two counts of witness tampering, and committing a violent offense in the presence of a child. He has not yet entered a plea.
Curious for more stories that keep you informed and entertained? From the latest headlines to everyday insights, YourLifeBuzz has more to explore. Dive into what’s next.