A Utah judge has ruled that prosecutors may continue seeking the death penalty against the man accused of killing Charlie Kirk, despite finding that one of the prosecutors violated a court order limiting public comments about the high-profile case. The ruling allows the capital prosecution to move forward while imposing other sanctions related to the prosecutor’s conduct.
Fourth District Judge Tony Graf determined that Deputy Utah County Attorney Christopher Ballard improperly made public statements about forensic evidence that exceeded the limits of the court’s pretrial publicity order. While the judge found Ballard in civil contempt and ordered the prosecution to pay the defense’s attorney fees associated with the motion, he concluded that removing the death penalty as a sentencing option would be legally unsupported and disproportionate.
Tyler Robinson, 23, faces charges of aggravated murder and several additional felony offenses in connection with the September 2025 fatal shooting of Charlie Kirk during a Turning Point USA event at Utah Valley University. Prosecutors allege Robinson intentionally targeted Kirk because of his political views, an allegation that could support capital punishment if he is convicted. Robinson has not entered a plea, and the charges remain allegations unless proven in court.
The defense argued that Ballard’s comments regarding forensic evidence and the strength of the prosecution’s case could influence potential jurors and requested that prosecutors be barred from pursuing the death penalty. Judge Graf acknowledged that the prosecutor violated the court’s order but ruled that Utah law does not permit eliminating the death penalty as a sanction for civil contempt. The court also noted that defense filings contributed to public discussion surrounding the evidence.
To help protect Robinson’s right to a fair trial, the judge ordered additional safeguards, including expanding the potential jury pool and conducting more extensive questioning of prospective jurors to determine whether media coverage has affected their ability to remain impartial. The court emphasized that these measures are intended to preserve the fairness of future proceedings.
The preliminary hearing is scheduled to begin in early July, when prosecutors must present sufficient evidence to establish probable cause for the case to proceed to trial. If Robinson is ultimately convicted of aggravated murder, prosecutors may still seek the death penalty during a separate sentencing phase. Friday’s ruling ensures that option remains available while the criminal case continues through the judicial process.