Man charged in Charlie Kirk’s killing asks judge to disqualify prosecutors
The sentencing judge or the board of pardons and parole shall consider the defendant’s selection of the victim as an aggravating factor. Violent offense committed in the presence of *** child aggravating factor. board of pardons and parole shall considered an aggravating factor in their deliberations. That the defendant committed *** violent offense in the presence of *** child. Count 3, obstruction of justice. *** second degree felony in violation of Utah code annotated 76-8. 3062 and that on September 10, 2025 in Utah County, the defendant Tyler James Robinson, with intent to hinder, delay or prevent the investigation, apprehension, prosecution, conviction, or pursuant to any person regarding conduct that constitutes *** criminal offense, conceal or remove the. Firearm used to shoot Charlie Kirk and the conduct that constitutes an offense would be *** capital felony or *** first degree felony. Count 4, obstruction of justice, *** second degree felony in violation of Utah Code 76-8-3062. In that on or about September 11, 2025. In Utah County, the defendant Tyler James Robinson, with an intent to hinder, delay or prevent the investigation, apprehension, prosecution, conviction, or punishment of any person regarding conduct that conduct that constitutes *** criminal offense, destroyed, concealed or removed the clothing he wore during the shooting, and the conduct that constitutes an offense would be *** capital felony. Or first degree felony. Count 5, tampering with *** witness, *** third degree felony in violation of Utah code annotated 768-508. In that honor about September 10, 2025 in Utah County, the defendant, Tyler James Robinson, believed that an official proceeding or investigation. Was pending or about to be instituted or intended to prevent an official proceeding or investigation, and attempted to induce or otherwise cause his roommate to withhold testimony, information, *** document or an item to wit directing his roommate to delete incriminating text messages. Count 6, tampering with *** witness, *** third degree felony in violation of Utah code annotated 76-8-508. In that honor about September 11th, 2025 in Utah County, the defendant, Tyler James Robinson, believed that an official proceeding or investigation was pending or about to be instituted, or intended to prevent an official proceeding or investigation, and attempted to induce or otherwise cause his roommate to withhold testimony or information to wit, directing his roommate to stay silent if the police questioned the roommate. Count seven, violent offense committed in the presence of *** child, *** Class *** misdemeanor in violation of Utah code annotated, 76-3-203.102 and 76-3-203.1438 double I. In that on or about September 10, 2025 in Utah County, the defendant, Tyler James Robinson, committed criminal homicide. In the physical presence of *** child younger than 14 years of age, with knowledge that *** child was present and that may have been seen or heard the commission of of the criminal homicide victim targeting enhancement in violation of Utah code annotated 76-3-203.14. Sub 2 Tyler James Robinson intentionally selected Charlie Kirk because of Tyler James Robinson’s belief or perception regarding Charlie Kirk’s political expression. That concludes reading the information. Mr. Robinson, this case is set. For September 29th at 10:00 a.m. it will be *** waiver hearing. Uh, and I will be the judge assigned to this case, Mr. Robinson, I invite you to join us at that time. Is there anything further, counsel? No, yeah, we’ll have counsel appointed by then. Thank you. Mr. Gander, anything further? Uh, one item, just for clarification, Your Honor, the hearing on the twenty-ninth, is that in person or Webex? Thank you. That is *** great question. It will be via WebEx. OK. Thank you, Judge. All right, I want to thank all parties for being here, and this concludes this hearing at this time, court is in recess.
The 22-year-old Utah man charged with killing conservative activist Charlie Kirk is due back in court Friday as his attorneys seek to disqualify prosecutors in the case over an alleged conflict of interest.Tyler Robinson is charged with aggravated murder in Kirk’s Sept. 10 shooting on the Utah Valley University campus in Orem, just a few miles north of the Provo courthouse. Prosecutors with the Utah County Attorney’s Office plan to seek the death penalty if Robinson is convicted. Robinson has not yet entered a plea.An 18-year-old child of a deputy county attorney attended the campus event where Kirk was shot. The child, whose name was redacted from court filings, later texted with their father in the Utah County Attorney’s Office to describe the chaotic events around the shooting, the filings from prosecutors and defense lawyers state.Defense attorneys say that personal relationship is a conflict of interest that “raises serious concerns about past and future prosecutorial decision-making in this case,” according to court documents. They also argue that the “rush” to seek the death penalty against Robinson is evidence of “strong emotional reactions” by the prosecution and merits the disqualification of the entire team.Several thousand people attended the outdoor rally where Kirk, a co-founder of Turning Point USA who helped mobilize young people to vote for President Donald Trump, was shot as he took questions from the audience. The child of the deputy county attorney did not see the shooting, according to an affidavit submitted by prosecutors.“While the second person in line was speaking with Charlie, I was looking around the crowd when I heard a loud sound, like a pop. Someone yelled, ‘he’s been shot,’” the child stated in the affidavit.The child later texted a family group chat to say “CHARLIE GOT SHOT.” In the aftermath of the shooting, the child did not miss classes or other activities, and reported no lasting trauma “aside from being scared at the time,” the affidavit said.Prosecutors have asked District Judge Tony Graf to deny the disqualification request.“Under these circumstances, there is virtually no risk, let alone a significant risk, that it would arouse such emotions in any father-prosecutor as to render him unable to fairly prosecute the case,” Utah County Attorney Jeffrey Gray said in a filing.Gray also said the child was “neither a material witness nor a victim in the case” and that “nearly everything” the person knows about the actual homicide is mere hearsay.The Associated Press left email and telephone messages for Robinson’s defense attorney, Kathryn Nester.Prosecutors have said text messages and DNA evidence connect Robinson to the killing. Robinson reportedly texted his romantic partner that he targeted Kirk because he “had enough of his hatred.”At recent hearings, Robinson’s legal team has pushed to limit media access in the high-profile case. Graf has prohibited media from publishing photos, videos and live broadcasts that show Robinson’s restraints to help protect his presumption of innocence before a trial.The judge has not ruled on a suggestion by the defense to ban cameras in the courtroom.Prosecutors are expected to lay out their case against Robinson at a preliminary hearing scheduled to begin May 18.___Brown reported from Billings, Montana.
The 22-year-old Utah man charged with killing conservative activist Charlie Kirk is due back in court Friday as his attorneys seek to disqualify prosecutors in the case over an alleged conflict of interest.
Tyler Robinson is charged with aggravated murder in Kirk’s Sept. 10 shooting on the Utah Valley University campus in Orem, just a few miles north of the Provo courthouse. Prosecutors with the Utah County Attorney’s Office plan to seek the death penalty if Robinson is convicted. Robinson has not yet entered a plea.
An 18-year-old child of a deputy county attorney attended the campus event where Kirk was shot. The child, whose name was redacted from court filings, later texted with their father in the Utah County Attorney’s Office to describe the chaotic events around the shooting, the filings from prosecutors and defense lawyers state.
Defense attorneys say that personal relationship is a conflict of interest that “raises serious concerns about past and future prosecutorial decision-making in this case,” according to court documents. They also argue that the “rush” to seek the death penalty against Robinson is evidence of “strong emotional reactions” by the prosecution and merits the disqualification of the entire team.
Several thousand people attended the outdoor rally where Kirk, a co-founder of Turning Point USA who helped mobilize young people to vote for President Donald Trump, was shot as he took questions from the audience. The child of the deputy county attorney did not see the shooting, according to an affidavit submitted by prosecutors.
“While the second person in line was speaking with Charlie, I was looking around the crowd when I heard a loud sound, like a pop. Someone yelled, ‘he’s been shot,’” the child stated in the affidavit.
The child later texted a family group chat to say “CHARLIE GOT SHOT.” In the aftermath of the shooting, the child did not miss classes or other activities, and reported no lasting trauma “aside from being scared at the time,” the affidavit said.
Prosecutors have asked District Judge Tony Graf to deny the disqualification request.
“Under these circumstances, there is virtually no risk, let alone a significant risk, that it would arouse such emotions in any father-prosecutor as to render him unable to fairly prosecute the case,” Utah County Attorney Jeffrey Gray said in a filing.
Gray also said the child was “neither a material witness nor a victim in the case” and that “nearly everything” the person knows about the actual homicide is mere hearsay.
The Associated Press left email and telephone messages for Robinson’s defense attorney, Kathryn Nester.
Prosecutors have said text messages and DNA evidence connect Robinson to the killing. Robinson reportedly texted his romantic partner that he targeted Kirk because he “had enough of his hatred.”
At recent hearings, Robinson’s legal team has pushed to limit media access in the high-profile case. Graf has prohibited media from publishing photos, videos and live broadcasts that show Robinson’s restraints to help protect his presumption of innocence before a trial.
The judge has not ruled on a suggestion by the defense to ban cameras in the courtroom.
Prosecutors are expected to lay out their case against Robinson at a preliminary hearing scheduled to begin May 18.
___
Brown reported from Billings, Montana.