Tyler Robinson, charged with aggravated murder in the September 2023 shooting death of Charlie Kirk at Utah Valley University, is the subject of a legal motion seeking to disqualify the Utah County Attorney's Office from his prosecution. Defense attorneys argue an alleged conflict of interest stems from the presence of an attorney's child at the incident, further citing the prosecution's decision to pursue the death penalty as evidence of what they describe as "strong emotional reactions." The prosecution contends that no conflict exists and characterizes the motion as a delay tactic.
Legal Proceedings and Disqualification Request
Defense attorneys for Tyler Robinson have filed a motion to disqualify the Utah County Attorney's Office from prosecuting his case. During a court hearing, defense attorney Richard Novak requested Judge Tony Graf to consider appointing the state attorney general's office if the disqualification is granted.
The alleged conflict of interest, initially raised during an October 24 hearing, involves an 18-year-old child of a deputy county attorney. Court documents indicate this individual, a university student, was present at the September 10 event where Kirk was shot, approximately 85 feet from the scene. The defense motion suggests this personal connection "raises serious concerns about past and future prosecutorial decision-making."
Prosecution's Response
Utah County Attorney Jeffrey Gray has challenged the defense's motion, characterizing it as a "last-minute attempt to delay the case" against Robinson. Gray stated that the deputy county attorney's adult child texted their father about the "chaotic aftermath" but "did not see Charlie get shot" or "anyone [in the crowd or elsewhere] with a gun."
The prosecution maintains that the child is "neither a material witness nor a victim" and that "nearly everything [the child] knows about the actual homicide is hearsay." They further argue that the attorney's office will not call the child as a witness and that if the deputy attorney has no conflict of interest, then the entire County Attorney's Office also has no conflict requiring disqualification.
Robert Church, Director of the Utah Prosecution Council, expressed skepticism regarding the likelihood of the disqualification attempt succeeding, noting that the defense would need to demonstrate "substantial prejudice and bias." The deputy county attorney and their daughter are reportedly scheduled to testify on February 3.
Death Penalty Pursuit
The defense's motion to disqualify also links the alleged conflict of interest to the prosecution's decision to pursue the death penalty. The motion states that "The rush to seek death in this case evidences strong emotional reactions" from the prosecution.
The Utah County Attorney's Office plans to seek the death penalty if Robinson is convicted. They countered the defense's assertion, stating that Utah law allows prosecutors 60 days post-arraignment to file notice of intent for the death penalty. They further asserted that "there is nothing unusual or untoward about filing a death penalty notice before a preliminary hearing," and that the case's evidence and circumstances "justify the death penalty." The prosecution also stated that a delay "would have been unnecessarily unsettling and painful to Charlie Kirk’s loved ones and does not promote justice for anyone."
Case Background and Charges
Tyler Robinson, 22, is charged in connection with the September 10, 2023, shooting death of Charlie Kirk, a conservative activist and co-founder of Turning Point USA. The incident occurred while Kirk was speaking at an outdoor rally on the Utah Valley University campus in Orem.
Authorities conducted a search for a suspect after identifying an individual who reportedly fired from a nearby roof. Robinson surrendered to the Washington County Sheriff’s Office a day after the shooting, accompanied by his parents and a family friend, after his parents reportedly identified him from a surveillance photo.
Robinson faces multiple charges, including:
- Aggravated murder
- Felony use of a firearm
- Obstruction of justice
- Witness tampering
Some charges also include victim targeting enhancements and the aggravating factor of a violent offense committed in the presence of a child. Robinson has not yet entered a plea. Judge Graf has previously prohibited media from publishing photos, videos, and live broadcasts showing Robinson's restraints to protect his presumption of innocence.
Evidence
Charging documents detail evidence against Robinson. This includes DNA evidence reportedly found on the suspected weapon, which matched Robinson's DNA. A bolt-action rifle, a towel, a used cartridge casing, and three unused cartridges were discovered near the crime scene. The cartridges were noted to be engraved with phrases.
Robinson is also alleged to have made a confession and reportedly communicated to a romantic partner that he targeted Kirk due to "his hatred." Text messages are also cited as evidence linking Robinson to the killing.
Timeline and University Context
A three-day preliminary hearing for Robinson is scheduled to begin on May 18. His arraignment will follow this hearing. If Utah County prosecutors are disqualified, the case could potentially be handled by a different county's prosecutors or the state attorney general's office.
In related developments, Utah Valley University President Astrid Tuminez announced her resignation, effective in May. The university has faced criticism regarding security measures on the day of the shooting and is reportedly working to expand its police force and add security managers.