Judge finds probable cause to bring Charlie Kirk murder suspect to trial

After hearing the decision, Tyler Robinson pleaded not guilty to all his charges.(CN) — A Utah judge ruled Tuesday there is enough evidence to prosecute Tyler Robinson, suspected in the 2025 murder of right-wing personality Charlie Kirk at a college campus.Robinson, 23, faces charges including aggravated murder in connection with the Sept. 10, 2025, fatal shooting of the Turning Point USA leader at a Utah Valley University rally.Reading his ruling Tuesday afternoon, Fourth District Judge Tony Graf Jr. found enough evidence to bind over all seven charges Robinson faces. His decision also included a finding that an aggravating factor exists — that Robinson knowingly put at least one other person in danger — making a conviction on aggravated murder a death penalty offense.“The state’s evidence of identity is substantial,” Graf said.The decision came after a weeklong preliminary hearing in July and a full day of arguments Tuesday from attorneys on both sides. After hearing the decision, Robinson pleaded not guilty to all his charges.Deputy Utah County Attorney Ryan McBride said video evidence shows Robinson on the university campus the day someone fired the fatal shot. There’s also genetic evidence, as Robinson’s DNA is found on what authorities call the murder weapon.Then there’s Robinson’s admission to his roommate and lover, as well as to friends on the online platform Discord, the prosecutor said.“’You weren’t the one who did it, right?’” McBride said Lance Twiggs, Robinson’s roommate, asked over text.“’I am. Sorry,’” McBride said Robinson replied.McBride also pointed to circumstantial evidence he wanted Graf to consider — that Kirk outspokenly opposed homosexuality and transgenderism. At the time, Robinson dated a man who was considering transitioning genders, McBride said.Additionally, authorities found shell casings with etchings on them like, “Hey, fascist, catch.” They also found similar ammunition at Robinson’s home and an etched casing as well.“After the images of the shooter had been published, the defendant turned himself in,” McBride said.While asking Graf to find probable cause, McBride also wanted the judge to find aggravating factors existed. Those factors elevate the offense and make it eligible for the death penalty.One of those factors is that Robinson knowingly created a great risk of death to another person.McBride said Robinson knew he would create that danger by shooting a rifle near a crowd of some 3,000 people at the rally. Perched on a rooftop, Robinson was some 400 feet from Kirk. A shot one degree off would have meant the bullet hit 7 feet away from its target.“He knew he could miss, and he came prepared to shoot again,” the prosecutor said.Chief Deputy County Attorney Chad Grunander elaborated on the threat to others he said Robinson posed. A quarter-inch flinch would have sent the bullet off its target by 3½ feet. A half-inch flinch would have led to McBride’s example of 7 feet off.Thousands of people attended the outdoor rally, all of whom moved and shifted their positions throughout the event. Robinson created a zone of danger by firing the rifle. If a flinch or the wind hadn’t affected the shot, the bullet could have ricocheted off nearby structures.“The defendant, frankly, your honor, was gambling with innocent lives,” Grunander added. “He was playing, in effect, a game of ballistic roulette.”Staci Visser, an attorney on Robinson’s defense team, said the state failed to prove the shooter knowingly put people in danger. She argued against a broad interpretation of the word “knowingly.”In other cases, multiple shots and threats exist. Robinson is accused of firing one shot at Kirk. Visser said there’s no evidence anyone else was threatened.According to Visser, prosecutors grasped at facts and wanted Graf to speculate. However, nothing from those facts shows the shooter knowingly created a great risk of harm to other people.“These are not inferences,” she said. “This is speculation.”While Visser argued in favor of removing the aggravated factor against her client, defense attorney Richard Novak said the judge should strike a witness tampering charge against Robinson.The charge stems from accusations Robinson told Twiggs to remain silent about the shooting.Robinson told his roommate to get an attorney and remain silent, an altruistic move, and he wasn’t trying to tamper with a witness, Novak said.Grunander said at this stage of Robinson’s legal proceedings, reasonable inferences must favor the state. And it’s reasonable to infer that Robinson knew he put others in danger when shooting Kirk.“The state would take this case to trial tomorrow if we could,” he added.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads