A Utah judge has explained in a written order why the death penalty remains a possible sentence for Tyler Robinson, the 23-year-old accused of fatally shooting conservative activist Charlie Kirk at a Turning Point USA event. Judge Tony Graf Jr, of Utah's Fourth District Court, ruled that prosecutors had shown probable cause that Robinson knowingly put at least one bystander at "great risk of death" — a requirement for the aggravated murder charge, the only one carrying capital punishment, to proceed to trial.

Graf based his reasoning on the documented positions of several people near Kirk when he was shot, including security guards and an audience member at a microphone, combined with physical evidence that the fatal shot came from an elevated position roughly 415 feet away and 68 feet above the tented stage where Kirk sat. The judge also cited evidence that Robinson had allegedly scouted the location beforehand and used a rifle fitted with an optical sight, supporting an inference he was aware others were near his target. All seven charges against Robinson, including firearm discharge causing serious injury, obstruction of justice, witness tampering and committing a violent offence in front of a child, were approved to proceed to trial.