Fourth District Judge Tony Graf has denied an attempt made by attorneys for the man accused of killing Charlie Kirk to block the death penalty. The defense saw the punishment as a remedy for press comments made by the prosecution following a gag order in the case.
Tyler Robinson is accused of shooting and killing Kirk at Utah Valley University last September. The Utah County Attorney announced shortly after his arrest that they would seek the death penalty if he were convicted. Robinson has yet to make a plea in the case.
“The court finds that striking the death penalty is grossly disproportionate to the misconduct and legally unavailable in this civil contempt framework,” Graf said in his ruling.
The court did, however, hold Deputy Utah County Attorney Christopher Ballard in civil contempt. Ballard spoke to the media about a Bureau of Alcohol, Tobacco, Firearms and Explosives report on a bullet fragment recovered from Kirk’s body. The report caused a media storm with speculation that the bullet that killed Kirk did not match the rifle investigators say was used and could exonerate Robinson.
Responding to what they saw as misinformation, Ballard spoke to TMZ, USA Today, Politico Fact and Fox News between March 31 and April 2 to explain how the report should be read and understood.
The defense argued the comments prejudiced the case. The prosecution countered that they had a right to speak to correct misinformation.
“In these communications, Mr. Ballard sought to correct the record regarding the definition of an inconclusive ballistics test,” Judge Graf said. “However, during these interviews, Mr. Ballard also provided statements regarding the overall strength of the state's evidence, asserting that the prosecution had ample evidence to demonstrate beyond a reasonable doubt that Tyler Robinson committed this murder, and that the state believed it would be able to overcome his presumption of innocence.”
This went beyond just correcting the record, and Graf said it violated the gag order placed on the case late last year.
In weighing the balance between the prosecution’s First Amendment free speech rights and Robinson's Sixth Amendment right to a fair trial with an impartial jury, Graf said, “neither constitutional interest is absolute.”
Kirk’s death has sparked a considerable amount of conspiracy theories as to whether it was staged, Israel was involved, or his wife, Erika Kirk, was somehow a part of it. The interpretation of the ATF report fueled these conspiracies.
Because of this, Graf said it was Robinson’s right to a fair trial that was more at jeopardy than Ballard’s free speech. To remedy the prosecution’s civil contempt, Graf said he would consider expanding the jury selection process, and the defense can recoup legal fees related to the contempt proceedings.
The preliminary hearing for Robinson is set to start July 6, 2026.
