PROVO, Utah — A Utah judge ruled Friday that prosecutors may continue seeking the death penalty against the man accused of assassinating conservative activist Charlie Kirk, while holding one prosecutor in contempt for violating a pretrial publicity order.
District Court Judge Tony Graf found Utah County prosecutor Christopher Ballard in civil contempt for publicly stating there was “ample evidence” to prove Tyler Robinson’s guilt before trial, court proceedings showed. Graf rejected the defense’s request to bar prosecutors from pursuing capital punishment as a sanction for the violation, calling it “grossly disproportionate.”
Robinson, 23, faces charges including aggravated murder in the Sept. 10, 2025, shooting of Kirk at Utah Valley University in Orem, Utah. Kirk was shot in the neck while addressing a crowd during an event. Prosecutors have said they intend to seek the death penalty if Robinson is convicted, citing aggravating factors.
The ruling came during a motions hearing in Provo. Defense attorneys had argued that prosecutors’ media comments, including about evidence such as a bullet fragment, prejudiced potential jurors and warranted removing the death penalty option. Ballard’s statements were made in violation of a court gag order, according to the defense.
Graf imposed a lesser sanction for the contempt finding. Details of the specific penalty were not immediately available beyond the contempt determination.
Robinson has not yet entered a plea. A preliminary hearing is scheduled for July 6.
The case has drawn intense public attention. Kirk, a prominent right-wing political activist and close ally of President Donald Trump, was killed in what prosecutors have described as a politically motivated attack. Robinson, from southwestern Utah, was arrested shortly after the shooting.
In a statement following the ruling, defense attorneys expressed disappointment with the decision on the death penalty but said they would continue to challenge prosecutors’ conduct. “We believe the integrity of the process has been compromised,” one defense lawyer said, according to local media reports.
Prosecutors have maintained that their comments did not warrant disqualifying the death penalty and that the case against Robinson remains strong. The judge’s ruling allows the capital charges to proceed.
As of Saturday, Robinson remains in custody. No trial date has been set.
