A Utah judge on Friday held prosecutors in contempt of court and left the death penalty on the table for accused assassin Tyler Robinson.
Judge Tony Graf said prosecutors’ public statements violated restrictions on what both sides can say outside the courtroom, ruling that their comments about Robinson’s guilt crossed the line.
Defense attorneys had accused Deputy Utah County Attorney Christopher Ballard of trying to influence potential jurors and talking to the media about ballistics evidence in the case. Ballard also publicly stated that prosecutors had rough evidence to prove that Robinson assassinated Kirk.
Ballard maintained that he was simply trying to set the record straight with the press. He defended his right to speak with the media about what he claimed was misinformation surrounding a preliminary finding by ballistics experts.
The judge also denied a request by the defense to take the death penalty off the table, further suggesting that any potential jurors who might be biased toward the case could be identified and dismissed during jury screening.
The high-profile case has attracted nationwide attention due to his prominence as a leader in the conservative youth movement and Kirk’s ability to connect with a younger audience through his unique rhetoric, according to his supporters. The influential, conservative leader and prominent co-founder of Turning Point USA was assassinated while hosting an event for college students at Utah Valley University in September 2025. He was shot in the neck while addressing thousands of students on campus.
The judge overseeing the case has considered several motions, including the recent one seeking to limit media access to portions of the preliminary hearing scheduled for July. He ultimately rejected a request to bar cameras from the courtroom, allowing media coverage to continue in the high-profile case.
Robinson’s defense team wanted to keep some of the upcoming hearing private and argued that broadcasts of such proceedings create a media frenzy and could create bias for potential jurors, while also possibly misrepresenting Robinson.
Meanwhile, prosecutors said they support transparency in the court.
Robinson, 23, has been charged with one count of aggravated murder with a victim-targeting enhancement, one count of felony discharge of a firearm causing serious bodily injury, and two counts of obstruction of justice related to alleged efforts to conceal or hinder the investigation of conduct involving a capital or first-degree felony.
He has not yet entered a plea.