Today is the day that Judge Tony Graf is hearing final arguments from both sides before he issues a decision about whether the prosecution of Tyler Robinson will head to a trial. This is called a bind-over decision.
The preliminary hearing took place in early July where prosecutors put forward some of the evidence they have collected to show that Robinson is guilty. After the week-long hearing ended, prosecutors then submitted a written summary of evidence for the judge. They basically argued that the evidence against Robinson was overwhelming.
"This isn't a close case," prosecutors said in a written argument to Judge Tony Graf.
The Utah County Attorney's Office, which is prosecuting the high-profile case, filed its written argument in the 4th District Court in Provo, saying prosecutors have shown that there is enough probable cause to warrant a trial.
"This is likely as straightforward a bind-over decision as this Court will ever see," prosecutors said in their written argument filed with the court on Tuesday and reviewed by ABC News.
Among other things, prosecutors argued that Robinson had confessed to the crime 11 times in writing, not to mention additional verbal confessions he apparently made to his boyfriend and his parents.
The defense responded with their own written brief which mostly focused on the enhancements/aggravating factors which prosecutors were using to make this a death penalty case. In Utah, not every murder case is a death penalty case. To get to that level there have to be some enhancements to the charges. For instance, that the killer endangered other people while carrying out the crime.
In Robinson's case, prosecutors have argued that firing a rifle in a crowd of 3,000 people endangered others. But the defense responded by arguing that the shooter only fired a single shot and that shot hit the intended target.
Lawyers for the man charged with killing conservative activist Charlie Kirk say he shouldn’t be eligible for the death penalty because the shooter “hit the intended target” during the assassination last year at a Utah event attended by thousands of people.
Defendant Tyler Robinson’s attorneys say prosecutors have not proven that others who attended Kirk’s event at Utah Valley University on Sept. 10 were endangered by the shooting — a potentially aggravating factor under state law that would make it a capital crime.
Another possible enhancement in this case is that Charlie Kirk was targeted for his political beliefs. Here again, the defense argued that there wasn't any proof of that aside from one text message.
Even after police searched Robinson's residence, his parents' home and Robinson's electronic devices, "there is nothing to base this sentencing enhancement upon other than that single criticism of Mr. Kirk's 'hatred,'" the defense contends.
"In the face of the absence of evidence, the state focuses on Mr. Robinson's sexuality and Mr. Twiggs' gender identity, if only because those are two topics on which Mr. Kirk was, in fact, widely viewed as expressing hatred and intolerance. However, that is not an evidentiary substitute for proof that Mr. Robinson targeted Mr. Kirk because of those expressions. It is the state's speculation that he did so."
Finallly, prosecutors submitted a rebuttal to the defense claims. They argued that the enhancements made Robinson eligible for the death penalty. For instance, they noted he was not a good shot so the chances that he could have hit someone else that day were high.
Accused Charlie Kirk assassin Tyler Robinson allegedly "seldom hit the bullseye and sometimes missed the target completely" when taking practice shots with the suspected murder weapon, according to Utah prosecutors, who opposed the defense team's attempt to have the potential death penalty taken off the table before trial.
As for Robinson's motives, prosecutors pointed to the bullet engravings.
Prosecutors in Charlie Kirk’s killing pointed Tuesday to an engraved bullet, arguing that the inscription “Hey Facist! CATCH!” demonstrates that Kirk was targeted for how the defendant perceived his politics...
In a document filed late Tuesday, prosecutors argued the engraved bullet found in the suspected murder weapon was an “overt political reference.” They also noted that Robinson allegedly wrote in a text message about Kirk: “I had enough of his hatred. Some hate can’t be negotiated out.”
So with all of that out of the way, today Judge Graf is hearing oral summaries of those arguments and then he'll make his bind-over decision. But before that, the defense asked that electronic media be kept out of the hearing. The judge once again rejected their request.
Judge Tony Graf denied Tyler Robinson’s request to restrict public access to portions of his opposition to electronic media coverage and granted news organizations’ camera requests in part Tuesday, finding the defense had not shown that broadcasting legal arguments would create enough additional prejudice to outweigh the presumption of openness.
Robinson’s attorneys had asked the court to classify unredacted filings that included links and other identifying details for an online betting market tied to the case. The defense argued that publishing the information could draw more speculative interest to the death-penalty case, affect the jury pool and compound the effects of pretrial publicity.
Once that was out of the way, Judge Graf said he intended to issue his bind-over decision today after hearing from both sides.
Judge Tony Graf said he will issue a bind-over decision in Tyler Robinson’s case Tuesday after hearing final arguments from prosecutors and the defense.
Graf said he allowed supplemental briefing and separate oral arguments so he could revisit the evidence before ruling on whether prosecutors established enough probable cause to send Robinson’s case to trial...
Prosecutors are set to argue first, followed by the defense. Each side was given up to two hours, though prosecutors said their opening presentation would likely last about 40 minutes before the court breaks for lunch.
In all, there will be about two hours of oral arguments, then Judge Graf will issue his decision.
I really don't think anyone has any doubt how this is going to go. This is an open and shut murder case. The killer is on video at the scene. He confessed a dozen times and turned himself in. His DNA is on the rifle and a screwdriver found on the roof. Etc., etc. None of the fantastical nonsense dreamed up by Candace Owens has been used in court because the defense knows it's all BS.
It looks like it will be another two to three hours before the judge issues his decision so I'll update this post if there are any big developments.
Update: As expected, the main argument from the defense is that the death penalty should be taken off the table.
Tyler Robinson’s defense told a Utah judge Tuesday that prosecutors cannot keep the death penalty in play merely because Charlie Kirk was shot at a crowded event, arguing the state failed to show that anyone else was actually in danger.
Defense attorney Staci Visser asked Judge Tony Graf to strike the aggravating factor tied to the aggravated murder charge. She said the state’s theory would unconstitutionally expand the law by treating the presence of people near Kirk as enough to establish that Robinson knowingly created a great risk of death to another person.
Visser argued the evidence shows a single shot from a high-powered rifle about 415 feet away, striking Kirk in the left side of his neck at a downward angle. She said the alleged shooter did not reload, fire again, point the rifle at anyone else or threaten anyone else, and argued that no one stood behind Kirk when the shot was fired.
It's pretty surreal that the defense is basically arguing their client is a top tier assassin (he's not actually) and therefore he should only face life in prison. Prosecutors have countered those claims. The defense is also trying to get a witness tampering count dropped.
Defense attorney Richard Novak said the charge rests on messages Robinson allegedly sent to his roommate, Lance Twiggs: “If any police ask you questions, ask for a lawyer and stay silent. Make sure the police follow the right procedures, proper warrants and stuff. Be polite and respectful, of course.”
Novak argued the message was sent after Robinson allegedly said he intended to surrender to law enforcement and told Twiggs, “You are all I worry about, love.” He said the context showed Robinson was advising Twiggs to protect his own rights, not directing him to hide information or help Robinson avoid prosecution.
I guess every little bit helps in theory, but I don't think this will matter if he's facing the death penalty.
Once the defense is done, prosecutors will get a few minutes for a rebuttal. The the judge will issue his decision.
Here's the live feed. A decision should be coming relatively soon.
Update: Judge Graf is issuing his ruling now. He is spending several minutes describing the facts of the case as put forth in the preliminary hearing in great detail, including the fact that Kirk was killed with a single gunshot and that the bullet did not exit his body.
Now he's finally issuing his decision on each count, starting with murder. "The state's evidence of identity is substantial, combining forensic DNA matching with statements attributed to defendant admitting responsibility for the shooting...Viewed in the light most favorable to the prosecution, this evidence is sufficient at this stage to support a reasonable belief the defendant is the individual who shot an killed Charlie Kirk. Accordingly, the state has demonstrated probably cause as to the identity and homicide elements of count one."
This is going to trial.
Here's the video of that decision:
🚨 BREAKING: The judge has just GREENLIT Charlie Kirk assassin Tyler Robinson going to trial for M*RDER, following preliminary hearings nearly ONE YEAR after Charlie was killed
— Eric Daugherty (@EricLDaugh) September 1, 2026
FINALLY 🙏🏻
Robinson deserves capital punishment. MAKE IT SWIFT.
This must be so hard for the Kirks… pic.twitter.com/ylamxwOdKz
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