The judge in the trial of the man accused of killing Charlie Kirk refused on Friday to bar the prosecution from seeking the death penalty in the case.
District Court Judge Tony Graf said Utah County prosecutor Christopher Ballard violated the rules for the trial by comments he made to the media, according to NBC News.
The “civil contempt” ruling was made over comments Ballard made to TMZ that regardless of tests of a bullet fragment recovered from Kirk’s body, there was sufficient evidence to convict Tyler Robinson.
The defense argued that the comments could sway potential jurors.
In Friday’s virtual hearing, Graf noted Robinson’s lawyers “initiated the media frenzy” to which Ballard responded, according to the New York Post.
BIG WIN for the prosecution in the Charlie Kirk assassin case. Defense push to remove the death penalty? DENIED.
Judge called it “grossly disproportionate.”
DEATH PENALTY STAYS ON THE TABLE!
Case moves forward full steam. No pulling him off.
Tyler Robinson will face the… pic.twitter.com/uwOQdHQ8Xu
— Gunther Eagleman™ (@GuntherEagleman) June 26, 2026
Should Tyler Robinson receive the death penalty if convicted?
Robinson’s attorneys said in a court filing that a Bureau of Alcohol, Tobacco, Firearms, and Explosives report “indicates that the ATF was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr. Robinson,” according to USA Today.
Graf said the media claimed the report was a “bombshell that exonerates Robinson.”
At the time, Ballard said, “But I can say generally that when the results of a bullet fragment analysis come back as inconclusive, that means only that the fragment did not contain enough detail for the examiner to determine whether the characteristics on the fragment were consistent with having been fired by a particular firearm.”
Graf said that comment was fine, but the one that said there was enough evidence to convict Robinson without the test crossed the line.
“While Mr. Ballard offered a cursory nod to the presumption of innocence, these statements were not reasonably necessary under rule 3.6 C to mitigate the confusion surrounding the ATF report,” Graf said.
This is an excellent summary of Judge Graf’s ruling this morning in the Tyler Robinson case.
The prosecution was held in contempt, but not for clarifying the misleading reporting on the ATF report, but for saying the state has overwhelming evidence against Robinson.
“I think it… pic.twitter.com/qKYGbIhw9V
— Andrew Kolvet (@AndrewKolvet) June 26, 2026
But the judge said there was a limit to how far he would go to punish Ballard.
“The court finds that striking the death penalty is grossly disproportionate to the misconduct and legally unavailable in this civil contempt framework,” Graf said.
Robinson faces a charge of aggravated murder.
His preliminary hearing is set to begin Monday, according to CBS News.
The purpose of the hearing, under Utah law, is to decide if the prosecution has enough evidence to bring Robinson to trial.
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