At a Glance
- Tyler Robinson, 22, is charged with aggravated murder in the Sept. 10 shooting of conservative activist Charlie Kirk on the Utah Valley University campus.
- Defense attorneys claim a deputy county attorney’s child was present at the rally, creating a conflict of interest that taints the prosecution’s pursuit of the death penalty.
- Prosecutors insist the child neither witnessed the shooting nor has any bearing on the case and oppose disqualifying the entire team.
- A preliminary hearing is set for May 18, with prosecutors planning to seek the death penalty if Robinson is convicted.
Why it matters: The dispute could delay or reshape how one of Utah’s highest-profile murder cases proceeds, including whether the state seeks capital punishment.
Tyler Robinson’s attorneys returned to court Friday asking a judge to disqualify the entire Utah County prosecution team, arguing that a deputy county attorney’s child attended the Turning Point USA rally where conservative activist Charlie Kirk was fatally shot Sept. 10.
Robinson, 22, faces one count of aggravated murder. Prosecutors have said they will pursue the death penalty if he is convicted. He has not yet entered a plea.
The Alleged Conflict
Court filings from both sides show the deputy county attorney’s 18-year-old child was in the crowd of several thousand when Kirk was shot while taking audience questions on the Utah Valley University campus in Orem. The teen later texted a family group chat: “CHARLIE GOT SHOT.”
According to an affidavit submitted by prosecutors:
- The child did not see the actual shooting.
- The teen reported “no lasting trauma aside from being scared at the time.”
- Classes and other activities were not missed.
Defense lawyers contend the parent-child link inside the prosecutor’s office creates an impermissible conflict that has already influenced key decisions, including what they call a rushed death-penalty filing. Court documents argue the relationship “raises serious concerns about past and future prosecutorial decision-making.”
Prosecutors Push Back
Utah County Attorney Jeffrey Gray urged District Judge Tony Graf to reject the disqualification motion, writing:
> “Under these circumstances, there is virtually no risk…that it would arouse such emotions in any father-prosecutor as to render him unable to fairly prosecute the case.”
Gray added the child is “neither a material witness nor a victim” and that “nearly everything” the teen knows about the homicide is hearsay.
Evidence and Investigation
Prosecutors have publicly cited text messages and DNA evidence tying Robinson to the killing. An alleged message to Robinson’s romantic partner states he targeted Kirk because he “had enough of his hatred.”
Media Access Disputes
Robinson’s legal team has sought tighter media controls. Judge Graf has already barred publication of photos, videos or livestreams showing Robinson’s restraints to protect his presumption of innocence. The judge has not yet ruled on a broader camera ban requested by the defense.
Next Steps
A preliminary hearing scheduled to begin May 18 will determine whether prosecutors have sufficient evidence to move toward trial. If the case advances and Robinson is convicted, the state intends to seek the death penalty.
Erika Kirk, Charlie Kirk’s widow, addressed supporters Friday, saying, “My husband’s mission will not end.”
Marcus L. Bennett reported from Billings, Montana. Attempts to reach Robinson’s attorney, Kathryn Nester, were unsuccessful Friday.
