A Utah judge paved the way for Tyler Robinson to stand trial for the murder of conservative activist Charlie Kirk on Sept. 1.
The ruling comes nearly a year after Kirk, 31, was shot while speaking at Utah Valley University on Sept. 10, 2025. Prosecutors laid out several key pieces of evidence they say links Robinson, 23, to the shooting over the course of a weeklong hearing in July.
Robinson's defense attorneys, meanwhile, worked to cast doubt on the evidence, including DNA and ballistics analysis, with hours of questions about the scientific methods used and error rates.
The hearing was not intended to determine Robinson's guilt or innocence, but whether there is probable cause to believe Robinson had committed the crime. After hearing final arguments
from attorneys on both sides, Utah Judge Tony Graf ruled that there is. Graf has explained that he was required to evaluate the evidence presented at the hearing "in the light most favorable to the prosecution."
"The line separating speculation from reasonable inference can be faint," Graf said from the bench Tuesday. But in this case the "evidence is sufficient at this stage to support a reasonable belief at this stage that this is the individual that shot and killed Charlie Kirk."
Prosecutors point to 'mountain of evidence' against Robinson
Deputy Utah County Attorney Ryan McBride told the court a "mountain of evidence" proves Robinson shot Kirk including video footage, DNA evidence and Robinson's alleged confessions.
"On September 10, 2025, the defendant Tyler James Robinson shot and killed Charlie Kirk because he disagreed with him," McBride said.
McBride said thesecurity footage from Utah Valley University presented by prosecutors during the July hearing captured Robinson "scouting" campus in the clothes he was wearing when he later turned himself and then returning "dressed to kill." Robinson could be seen clambering onto the rooftop of a building on campus, firing the fatal shot at 12:23 p.m., then fleeing into a wooded area on campus where a rifle believed to be the murder weapon was later found wrapped in a towel, according to McBride.
McBride said Robinson's DNA was later found "all over that gun." Jennifer Faumuina, a sergeant with the Utah Department of Public Safety, testified in July that FBI testing found that DNA on the towel and screwdriver found on the rooftop of the building likely came from Robinson and former roommate and romantic partner, Lance Twiggs. Faumuina also testified that what was likely Robinson’s DNA was found on the rifle itself.
McBride said Robinson also admitted to the shooting both to Twiggs and to friends in an online chat.
In July, prosecutors played footage of an interview with Twiggs and presented text messages purportedly sent between the pair. In some of the messages read aloud by State Bureau of Investigation agent Brian Davis, Twiggs asked Robinson if he was "the one who did it," and Robinson replied, "I am, I'm sorry." When asked why, Robinson later said, "I had enough of his hatred, some hate can't be negotiated out," Davis read in the courtroom.
Twiggs also told investigatorsthat on Sept. 11, he asked Robinson in person if what he had said the night before was true, Robinson confirmed it was, and then "started crying a little bit, and said he wishes he hadn’t done it."
McBride said Robinson targeted Kirk because he was an "outspoken critic" of homosexual relationships, citing Robinson's relationship with Twiggs and messages etched on ammunition found in the gun, including "Oh bella ciao," "Hey fascist! Catch!" and "If you read this, you are gay LMAO."
"It's not difficult to understand the motive here," he said.
One of the aggravating factors under Utah's laws for the death penalty is whether the perpetrator "knowingly created a great risk of death to another individual other than the deceased individual and the actor." McBride argued that Robinson knowingly created that risk, given that the single bullet fired could have missed its target, ricocheted or passed-through Kirk's body and hit one of the thousands of people in the crowd, which included children.
"You can’t shoot a rifle into a crowd of 3,000 people without knowing that you create a great risk of death to all those around your target,” McBride said.
Defense argues prosecutors failed to meet their burden
Robinson's defense team argued that prosecutors overstated the strength of their evidence, failed to meet their burden to prove there's probable cause to believe he committed all the crimes he charged with and challenged many of the claims made in their closing argument.
Robinson's attorney Staci Visser argued that there's no evidence the shooter endangered anyone other than Kirk, noting that the only person under the tent with Kirk was on the side opposite to the bullet's path.
"There's nothing in this evidence showing that there was a great risk that someone else was going to be killed, let alone that the shooter would have knowledge of that risk," Visser said.
Defense attorney Michael Burt then attacked the state's forensic evidence saying that analysts could only determine that Robinson was a "possible contributor" to the DNA found on the rifle or the screwdriver.
"Both experts were consistent in saying to the court that they couldn't reach a source attribution opinion," Burt said. "It was consistent in stating that they could not state with any reasonable degree of scientific certainty that Mr. Robinson's DNA or anybody else's DNA was found on any of the items that they tested."
Defense attorney Richard Novak argued the witness tampering charge against Robinson should be dropped, saying that when Robinson allegedly told Twiggs to "ask for a lawyer and stay silent," he was providing "altruistic" advice, not obstructing the investigation.
"What is more clear in terms of altruism than, having already decided to surrender, and saying 'you are all I worry about love, if any police ask you questions ask for a lawyer and stay silent,'" Novak said. "That is a demonstration of altruism. That is a demonstration of caring for another person."
Novak also argued the state failed to prove Robinson knew a child was present during the shooting or that he targeted Kirk because of his political beliefs.
Novak said photos of children at the event presented by the prosecution don't show who Robinson saw before he allegedly fired the fatal shot from the roof. He said that while Kirk spoke “hatefully” about homosexual relationships, Robinson’s romantic relationship with Twiggs and alleged message about Kirk's "hatred" are not enough to prove that LGBTQ issues are why he allegedly targeted Kirk.
"The state has utterly failed to prove that there’s a particular political expression that Mr. Robinson took issue with,” Novak said.
This article originally appeared on USA TODAY: Tyler Robinson to face trial for murder of Charlie Kirk
