Judge Explains Why Tyler Robinson Still Faces Death Penalty

PROVO, Utah — In allowing prosecutors to continue pursuing the death penalty against Tyler Robinson, the man accused of assassinating Charlie Kirk, Utah Fourth District Judge Tony Graf Jr. said the mere allegation that Robinson opened fire in a crowded setting was not, by itself, enough to establish probable cause that he knowingly placed a bystander in “great risk of death.”

Robinson, 23, is charged in the fatal shooting of Kirk, a 31-year-old father of two and founder of Turning Point USA, during a daytime campus event at Utah Valley University last year. Thousands had gathered to watch Kirk speak when he was shot.

What met the legal threshold, Graf determined, was the evidence showing where several people were positioned in relation to Kirk at the moment he was killed.

“The Court therefore considers the actual spatial circumstances surrounding the shot, the proximity of other individuals to Mr. Kirk, and the evidence bearing on Defendant’s knowledge of those circumstances,” Graf wrote in his ruling.

Kirk was sitting under a Turning Point USA-branded tent, on a small stage, responding to questions from audience members — one of whom was standing at a microphone “east of and in front of Mr. Kirk,” Graf wrote. There was a security guard under the tent with Kirk and two more nearby, to the left and right in front of the canopy.

The fatal gunshot is alleged to have come from the east — the rooftop of the Losee Center on the far side of the courtyard.

The first part of Graf’s reasoning is based on those “documented positions,” Graf wrote.

“Second, the physical evidence establishes that the shot was fired from an elevated position approximately 415 feet from the canopy and 68 feet above it, and that the bullet traveled anatomically from front to back and downward after striking Mr. Kirk,” he continued.

Because the bullet did not exit Kirk’s body, Graf wrote that he did not “assign a quantitative probability” of ricochet, over penetration “or a hypothetical deviation in aim.”

“Rather, the relevant evidence is that Defendant allegedly discharged a .30-06 rifle toward a seated victim while several other individuals occupied positions in and around the canopy area,” he wrote. “Viewed favorably to the State, their documented positions in relation to the intended target, considered together with the elevated location and downward direction of the shot, permit a reasonable inference at the preliminary-hearing stage that at least one third party was within the relevant zone of danger and that the risk was more than an abstract possibility.”

Thirdly, he wrote, the state showed probable cause that Robinson was aware that people near Kirk were in danger after allegedly visiting the scene in advance and having a scope on his rifle.

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“From the southwest roof area, there was a clear line of sight to Mr. Kirk’s canopy,” Graf noted. “The rifle also contained an optical accessory. Without making findings about the degree of magnification or precisely what Defendant saw through the optic, these circumstances support a reasonable inference that Defendant was aware that other individuals were positioned near Mr. Kirk when he fired.”

Robinson faces seven charges total, all of which Graf green lit for trial.

The top charge, aggravated murder, is the only one that carries the potential for capital punishment. It requires prosecutors to show that “the defendant knowingly created a great risk of death to another individual other than Charlie Kirk and the defendant.”

Other charges include felony discharge of a firearm causing serious bodily injury, obstruction of justice, witness tampering and committing a violent offense in front of a child. The violent offense in front of a child allegations reclassify count 7 from a class B to a class A misdemeanor and are a sentencing consideration for count 2.

Another aggravator is that prosecutors allege that Robinson targeted Kirk over his political expression — which does not factor into the potential death penalty.

The reasoning is laid out in the official written order binding over the case against Robinson for trial, which was published Wednesday — and it mirrors what Graf said in court earlier this week.

Kathy Nester, one of Robinson’s defense attorneys, entered not guilty pleas on his behalf to all charges Tuesday.

He’s due back in court on Oct. 23 for a pretrial conference, where Graf may set a trial date.