Attorneys for Tyler Robinson, who is accused of murdering conservative activist Charlie Kirk, asked a Utah judge on Friday to bar prosecutors from seeking the death penalty as a sanction for what they described as a “media tour” concerning a bullet fragment recovered from Kirk’s body.
The request came as Robinson’s lawyers sought to hold prosecutors in contempt for allegedly violating restrictions on public comments about the case.
The dispute centers on forensic evidence revealed by defense attorneys in March that suggested a bullet jacket fragment recovered from Kirk’s body could not be conclusively matched to the rifle allegedly used in the killing.
The filing generated widespread media coverage and fueled speculation that Robinson could ultimately be exonerated.
In April, prosecutors pushed back against this interpretation in comments to reporters, arguing that the Bureau of Alcohol, Tobacco, Firearms and Explosives finding was inconclusive, rather than a definitive non-match. They maintained that they were merely correcting misinformation about the evidence.
Kirk, a conservative activist, podcaster, and co-founder of Turning Point USA, was shot in the neck and killed at an event on a Utah college campus in September 2025.
Robinson was arrested two days later. Investigators linked him to a modified Mauser Model 98 rifle found near the scene. Prosecutors say DNA matching Robinson’s was recovered from the weapon’s trigger. The authorities have also cited text messages allegedly exchanged with Robinson’s transgender lover in which he confessed to the killing and detailed the plot.
Also on Friday, Graf declined a defense request to halt the proceedings while Robinson’s team appeals an earlier order allowing cameras in court.
The defense argues that extensive televised coverage of witness testimony and evidence presented during the upcoming preliminary hearing in July could make it more difficult to seat an impartial jury. Graf rejected the concerns, noting that much of the information the defense considers sensitive is already public. Jury selection will not begin until after the hearing concludes and the court rules on outstanding motions.
The preliminary hearing is scheduled for July 6-10, when prosecutors will seek to establish probable cause and move the case toward trial. Robinson has not yet entered a plea.