(The Epoch Times)—A Utah judge has set a hearing for Sept. 1 to consider whether the high-profile case against conservative commentator Charlie Kirk’s alleged assassin, Tyler James Robinson, 23, should go to trial.
Judge Tony Graf Jr. also must weigh whether to uphold seven charges against Robinson, including one carrying a potential death sentence.
Based on evidence presented during a five-day preliminary hearing in early July, prosecutors and defense lawyers will argue at 10 a.m. MDT in the Fourth District Court in Provo, Utah.
Lawyers representing Kirk’s widow, Erika Kirk, urged Graf to rule by Sept. 1, a court record says, arguing against any “undue delay” while preserving Robinson’s right to a fair trial.
It was unknown whether the judge would comply with that request.
By law, the judge’s sole task is to decide whether there is probable cause—a required step before the case can head to trial, prosecutors noted.
That legal standard “requires ‘evidence sufficient to support a reasonable belief that an offense has been committed and that the defendant committed it,’” prosecutors explained in a news release, citing state law.
If Graf finds probable cause, he must “bind over” the case for trial; otherwise, the judge must dismiss the charges, and prosecutors could resubmit the charges later.
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Prior to the hearing, both sides filed written arguments with dramatically different interpretations of the evidence.
Defense attorneys opined that the evidence was insufficient to prove required elements of all seven charges against their client. They also challenged prosecutors’ assertion that the circumstances warrant the death penalty.
The shooting of Kirk imperiled other lives, prosecutors said, arguing that risk of harm to others is an “aggravating” circumstance that the law requires for a death-penalty-level charge.
“Common sense” dictates that “firing a gun, especially a high-powered rifle towards others puts them at great risk of death,” prosecutors said.
On Sept. 10, 2025—almost a year ago—Kirk was fatally shot in the neck as he answered questions from an audience of about 3,000 people at Utah Valley University in Orem, Utah.
Defense lawyers argued that the law requires proof beyond a mere “possibility” that someone else could have been killed. They noted a single shot was fired, not multiple shots, and that Robinson had never expressed any intention to hurt anyone other than Kirk.
Kirk, a 31-year-old father of two, was best known as a conservative speaker who started a political movement for young voters, Turning Point USA, when he was 19. Prosecutors say evidence points to Robinson targeting Kirk over his “political expression.”
Robinson is accused of aggravated murder, a capital offense. He also faces six other charges: two counts of obstructing justice, two counts of witness tampering, along with causing serious bodily harm by discharging a firearm and committing violence in the presence of a child.
In a July 28 court filing, prosecutors told the judge that the case is clear-cut.
“This is as likely as straight-forward a bindover decision as this Court will ever see,” they wrote, adding: “This isn’t a close case. The State presented more than enough evidence to support a probable cause finding on all seven charges.”
Many circumstances implicate Robinson, prosecutors said, such as admitting to his lover that he had killed Kirk. DNA evidence, eyewitness testimony, and surveillance videos all link Robinson to the shooting scene, they said.
They noted defense lawyers “did not challenge the substance of the evidence” pointing to Robinson as the shooter.
Defense lawyers instead argued that prosecutors’ contentions called for impermissible “speculation” rather than reasonable inferences.
Prosecutors countered that defense attorneys ignored evidence that was damning to Robinson and improperly contorted legal standards to favor their client.
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