Tyler Robinson case back in court Tuesday as judge weighs proceeding with trial in murder of Charlie Kirk

The Tuesday hearing follows a week-long probable cause hearing that took place in early July, in which the state presented its evidence, and subsequent filings from the parties that took place over the remainder of the summer leading up to Tuesday’s hearing. Graf has set aside four hours for the parties to make their cases in Tuesday’s hearing, and is expected to make his ruling the same day.

During the preliminary hearing, the prosecution brought forth a number of witnesses and displayed evidence to the court, such as a recorded interview with Robinson’s transgender lover Lance Twiggs, and surveillance camera footage from Utah Valley University leading up to and following the shooting.

Surveillance footage showed the movements of the person who is believed to be Tyler Robinson throughout campus, beginning in the morning of September 10. He returned to campus multiple times throughout the day, at one point appearing to have a different gait compared to earlier in the day, in addition to a change in clothing. A person was seen in the footage taking position on the roof of the Losee building before Kirk was fatally shot.

In the recorded interview played in court, which Graf had ordered that portions not be played, Twiggs testified that he saw Robinson the day after the shooting, saying that Robinson was "walking around a lot," and that Robinson "didn’t go into detail" as to what happened.

"I just asked him in person if what he said was true the night before, and he said it was." Twiggs said Robinson was "crying a little bit, and said he wishes he hadn’t done it, and then kept going around and just doing stuff I think to keep himself busy or distracted."

The prosecution also brought in a number of DNA experts. DNA evidence from a number of items, including a Dremel tool, cartridges, and a rifle found in the woods near campus, which returned results that said it was extremely likely that Robinson was a contributor.

Additionally, the prosecution brought forth text messages between Robinson and Twiggs, which showed Robinson admitting to carrying out the shooting.

In the weeks following the shooting, the prosecution and defense filed court documents explaining their stances as to a finding of probable cause. Utah County prosecutors urged Judge Tony Graf to bring Tyler Robinson to trial, arguing that “This is likely as straightforward a bindover decision as this Court will ever see.”

“After admitting to several friends, including his roommate and romantic partner, that he assassinated Charlie Kirk at Utah Valley University on September 10, 2025, in front of approximately 3000 eyewitnesses, Defendant surrendered to law enforcement for that crime," prosecutors wrote.

In their reply, the defense argued that state prosecutors failed to prove probable cause during July's preliminary hearing, and that the state did not meet its burden of proof to support aggravating factors in Kirk's murder.

The defense said that the state “wholly fails to carry its burden of proof” with the presentation of evidence during the hearing that Robinson “knowingly created a great risk of death to another other than Charlie Kirk and the defendant," an aggravating factor to the charges. The aggravating factor is the basis of the state's decision to seek the death penalty in the case.

The defense also argued that the state’s “extensive” reliance on hearsay evidence deemed reliable under Rules of Criminal Procedure “violates Mr. Robinson’s constitutional rights and separation of powers principles.”

The prosecution’s reply argued that the defense had not made valid challenges to the evidence presented at the preliminary hearing. The state wrote, “Defendant does not challenge the substance of the evidence demonstrating that he was the person who crawled to the sniper’s perch on the Losee Building rooftop, fired the fatal shot that killed Mr. Charlie Kirk, hid the rifle in a wooded area, got rid of some of the clothing he was wearing, and told his roommate to delete their texts about the shooting.”

“Rather, he merely asserts the repeatedly rejected claim that the overwhelming evidence establishing some of these facts could not be introduced as reliable hearsay at this preliminary hearing. Defendant therefore raises no valid challenge to the evidence supporting Count 1 as at least murder; Count 2, felony discharge of a firearm causing serious bodily injury; Counts 3 and 4, obstruction of justice; or Count 5, tampering with a witness.”