The key judicial process in the case of the stabbing of conservative activist Charlie Kirk in the United States by 23-year-old Utah man Tyler Robinson has reached a critical point.
On Tuesday, Robinson, who is accused of shooting Kirk, appeared in court again as Utah state judge weighs whether the prosecution has provided enough evidence to support upgraded charges of aggravated murder, which can carry the death penalty in Utah.
The preliminary hearing was held on September 1st at 10:00 a.m. local time (12:00 p.m. Eastern Time) in a Utah court.
After hearing final statements from both sides, Judge Tony Graf Jr. will make a ruling, focusing on whether the prosecution has presented enough “probable cause” to prove that Robinson is suspected of killing Kirk and meets the legal conditions for aggravated murder.
According to Fox News, Steve Burton, the director of the Utah Defense Lawyers Association, stated that Judge Graf could also choose to submit the case for trial with a lesser charge of murder, which carries a minimum sentence of 15 years in prison and a maximum sentence of life imprisonment. Alternatively, Judge Graf may dismiss the charges against Robinson, in which case the prosecution could file new charges.
The defendant Robinson is from Washington City, Utah, and he stands accused of fatally shooting 31-year-old Charlie Kirk during a “Turning Point USA” event at Utah Valley University in Orem, Utah on September 10, 2025. Kirk was a father of two children.
Robinson turned himself in the day after the shooting. He has not pleaded guilty, and his lawyers have not provided any other explanation for Kirk’s death. Instead, they have been working to prevent the case from going to trial and trying to avoid the death penalty.
Although the defense argues that the prosecution has not provided enough evidence to support the upgraded murder charges, experts anticipate that Judge Graf is unlikely to exclude the possibility of aggravated murder at this stage.
“We are currently in the preliminary hearing stage,” said Skye Lazaro, a defense attorney from Salt Lake City not involved in this case. “This is just the initial evidence, all presented in the way most favorable to the state.”
If Judge Graf determines that the prosecution’s evidence is sufficient to support the aggravated murder charge, Robinson will face a formal trial, with the death penalty remaining as a potential punishment.
In early July, a week-long hearing was held, after which both sides were given several weeks to submit legal briefs.
Lazaro expects the entire case to proceed to trial, including the factors of the aggravated murder charge, namely Robinson shooting Kirk in a crowded place, putting others at significant risk of death.
Greg Rogers, a former FBI special agent and sniper, currently a teacher at Utah Valley University, stated that at this stage, the risk posed to the crowd is enough to maintain this aggravated circumstance.
Rogers told Fox News, “Shooting into a crowd is always dangerous because you don’t know if someone will move, if someone will walk behind him. At that moment you pull the trigger, all sorts of things can happen.”
The preliminary hearing held in July lasted five days, during which the prosecution presented a substantial amount of evidence, including DNA test results. The prosecution claimed that Robinson’s DNA was linked to the suspected murder weapon found by the police; they also presented ballistic evidence, surveillance footage, and texts and messages allegedly left by Robinson.
The prosecution also stated that Robinson had admitted to several people, including roommate and partner Lance Twiggs, that he killed Kirk.
According to the prosecution’s documents, Robinson allegedly left a handwritten note and admitted “it was me” in online chats that he was the one who shot at Utah Valley University.
However, the defense questioned the reliability of the DNA testing and denied that the political motive evidence presented by the prosecution was sufficient to support the upgraded charges.
Charlie Kirk’s widow, Erika Kirk, attended the July preliminary hearing and is expected to be present at the crucial court session on September 1st.
Kirk was a co-founder of Turning Point USA and a significant figure in the conservative youth movement in the United States. He actively supported conservative political ideas during his lifetime and helped mobilize young voters during the 2024 U.S. election.
After Kirk was stabbed, the case quickly became a highly publicized incident of political violence receiving nationwide attention in the U.S.