A Utah judge has denied assassination suspect Tyler Robinson’s request to remove the death penalty from the Charlie Kirk murder case.
While Judge Tony Graf found prosecutor Christopher Ballard in civil contempt for violating a gag order, he denied the defense’s request to remove the death penalty, making it so capital punishment remains on the table as a possible sentence if Robinson is convicted.
“Having found Mr. Ballard in civil contempt, the court turns to the imposition of sanctions,” Graf said during a Friday hearing. “The defendant argues that the appropriate sanction to remedy this prejudice is to strike the state’s notice of intent to seek the death penalty.”
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“The court declines to adopt this requested remedy,” Graf added, explaining that “civil contempt sanctions must be remedial, tailored to cure the prejudice caused by the violation or designed for future compliance.”
“The court finds that striking the death penalty is grossly disproportionate to the misconduct and legally unavailable in this civil contempt framework,” the judge said.
Robinson — who is charged with the September 10, 2025 assassination of Turning Point USA founder Charlie Kirk — is scheduled for a preliminary hearing starting on July 6, when prosecutors must show they have enough evidence to proceed with a trial, KTVU reported.
Prosecutors are planning to seek the death penalty if Robinson is convicted.
The 23-year-old assassination suspect is charged with aggravated murder in the killing of the conservative icon at Utah Valley University last year. Robinson has yet to enter a plea.
Prosecutors have said that Robinson left a note for his transgender partner that read, “I had the opportunity to take out Charlie Kirk and I’m going to take it.”
The upcoming July 6 hearing will mark the most significant presentation of evidence to date in the murder case, which has so far focused on whether or not the media will have access to the trial.
Last month, Graf ruled that cameras — both video and photography — will be permitted in the courtroom during hearings for Robinson.
Alana Mastrangelo is a reporter for Breitbart News. You can follow her on Facebook and X at @ARmastrangelo, and on Instagram.
