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A Utah judge is slated to hear arguments Tuesday to decide whether there is probable cause to justify a murder trial for Tyler Robinson, who is accused of killing conservative activist Charlie Kirk last fall.

The hearing comes after months of legal wrangling, in a case where prosecutors are seeking the death penalty for Robinson, 23.

District Judge Tony Graf Jr. is scheduled to begin hearing oral arguments at 10 a.m. local time in the courthouse in Provo, Utah. The proceeding is due to be 

livestreamed by Salt Lake City TV channel KUTV,

 despite objections from Robinson's lawyers, who say such coverage jeopardizes his right to a fair trial.

Kirk was fatally shot on Sept. 10, 2025, at a rally held at Utah Valley University. The 31-year-old was in Orem, Utah, to kick off his American Comeback Tour. Some 3,000 people were on hand, and were listening to Kirk speak when he was shot, 

Authorities said video footage showed Robinson, who then lived in Washington County, Utah, arriving and moving around on the campus, 

. They also say he mentioned needing to retrieve his rifle in messages with his then-roommate, with whom Robinson had a romantic relationship.

On the morning after the killing, investigators found a Mauser .30-06 caliber bolt-action rifle that they believe to be the murder weapon.

Prosecutors say Robinson has confessed to killing Kirk, citing a note he left for his roommate and other interactions. Robinson was arrested after a relative turned him in to police, saying the young man "had confessed or implied that he was the shooter," 

Prosecutors are likely to seek the death penalty

Robinson faces one charge of aggravated murder and six other serious counts, including tampering with a witness. Ahead of Tuesday's hearing, the defendant had not yet entered a plea. His attorneys also were urging the judge not to allow video recordings and broadcast of the proceeding, saying it could prevent the pool of potential jurors from being impartial.

Aggravating circumstances will likely play a key role in the case, as they could be used to justify imposing the death penalty for Robinson if he is found guilty. Prosecutors say there is evidence to support a victim targeting enhancement in the case, saying Robinson's alleged motive was political, 

. They cite evidence such as bullet casings bearing anti-fascist messages, such as "Hey Facist! CATCH!" [sic].

The possibility that the shooter endangered thousands of people at the rally is also an important distinction under Utah law. Police say the sniper's bullet that killed Kirk was fired from a rooftop some 150 yards away from the spot on a campus courtyard where Kirk was killed, 

. Defense attorneys contend that because 

 — and struck its target — the crowd was not at risk.

Last month, hundreds of people who attended the rally in Utah where Kirk was killed 

filed requests for victim benefits from the state

, seeking mental health and trauma support.

Crime, Law and Justice

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Bill Chappell

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Utah District Judge Tony Graf Jr. will hear arguments over evidence introduced in July, to decide if there's enough probable cause for a trial in the shooting of the conservative activist last year.

Judge to decide if Tyler Robinson will go to trial in Charlie Kirk murder case

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