"There is not a significant risk" that a deputy attorney's personal connection to the case would affect the prosecution, the judge ruled, allowing the case to proceed.
A Utah judge has denied a defense motion to disqualify the Utah County Attorney's Office from prosecuting Tyler Robinson, who is charged with aggravated murder in the September 10 shooting death of conservative activist Charlie Kirk. The judge has also postponed the preliminary hearing to allow defense attorneys more time to review evidence, including an inconclusive ballistic analysis.
Legal Proceedings
Conflict of Interest Motion Denied
State District Judge Tony Graf ruled on Tuesday that there is "not a significant risk" that Deputy Utah County Attorney Chad Grunander's connection to his daughter, who was present at the event where Kirk was shot, would affect his work or interfere with Robinson's rights. The defense had argued for the disqualification of the entire Utah County Attorney's Office, citing a conflict of interest because the deputy attorney's 18-year-old daughter was in the audience at the Utah Valley University campus event where the shooting occurred.
Defense attorney Richard Novak stated that the daughter texted her father describing events surrounding the shooting. The prosecution responded that the adult child "did not see Charlie get shot" and "did not see anyone with a gun," and that she is neither a material witness nor a victim in the case.
Utah County Attorney Jeffrey Gray testified that the decision to seek the death penalty was made before an arrest and was not influenced by the daughter's presence. Judge Graf stated that prosecutors are not required to be immune to the emotional responses of others in prosecuting a case.
Preliminary Hearing Postponed
Judge Graf postponed the preliminary hearing from May 18 to July 6-10, 2025. The judge determined the continuance was necessary to safeguard Robinson's right to effective counsel due to the large volume of evidence, some of which had not yet been received by either side. The judge warned that further postponement requests would face greater scrutiny. The defense had requested the delay to allow additional time for review of material and an ongoing bullet analysis.
Media Coverage Ruling
The judge denied Robinson's motion to ban electronic media coverage from the courtroom, citing constitutional rights to access. The judge previously prohibited media from publishing photos, videos, and live broadcasts showing Robinson's restraints to protect his presumption of innocence. Robinson has filed motions to close portions of the hearing and to exclude hearsay evidence. A hearing on these closure and contempt issues is set for May 19.
Charges and Evidence
Charges
Tyler Robinson, 23, is charged with aggravated murder, felony use of a firearm, obstruction of justice, and witness tampering in connection with the September 10 shooting of Charlie Kirk on the Utah Valley University campus in Orem. Some charges include victim targeting enhancements and the aggravating factor of a violent offense committed in the presence of a child. Robinson has not yet entered a plea.
Ballistic Analysis
An analysis by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) could not definitively link a bullet fragment recovered during Kirk's autopsy to a rifle discovered near the crime scene. The FBI is currently performing additional tests, including a second bullet analysis and an analysis of the bullet's lead composition.
Forensic Evidence
Prosecutors report that DNA consistent with Robinson's was found on the trigger of the rifle, a fired cartridge casing, and two unfired cartridges. Defense attorneys note that forensic reports indicate the presence of multiple individuals' DNA on some items, suggesting a need for more comprehensive analysis. A bolt-action rifle, a towel, a used cartridge casing, and three unused cartridges were found near the crime scene. The cartridges were engraved with phrases.
Alleged Statements
According to prosecutors, Robinson reportedly sent a text message to a romantic partner stating that he targeted Kirk due to "his hatred."
Case Timeline
- September 10: Kirk was shot while taking questions at an outdoor rally at Utah Valley University.
- September 11: Robinson surrendered to police, accompanied by his parents and a family friend after his parents identified him from a surveillance photo.
- April 17: Robinson is scheduled to appear in court for a hearing concerning a defense motion to prohibit cameras in the courtroom.
- May 19: A hearing on closure and contempt issues is set.
- July 6-10, 2025: Rescheduled preliminary hearing.
- To Be Scheduled: Arraignment, following the preliminary hearing.