The presiding judge in the case against Tyler Robinson, accused of assassinating conservative icon Charlie Kirk last September, ruled that county prosecutors can remain on the case after a challenge by defense attorneys.

During a Tuesday morning court hearing, Graf ruled against the motion made by Robinson’s attorneys, allowing county prosecutors to remain on the case.

Robinson’s defense team argued that the state has a conflict of interest since one of the prosecutors’ children was present at the Sept. 10 event at Utah Valley University where Kirk was killed.

“Because defendant has not established a factual basis for a finding of conflict of interest or an objective appearance of impropriety, rising to a constitutional concern, his motion is respectfully denied,” Graf said.

There have been two prior hearings on the matter. 

On Feb. 3, defense attorney Richard Novak questioned Utah County Attorney Jeff Gray in order to pinpoint when the prosecution determined it would pursue the death penalty against Robinson, which was publicly announced shortly after his arrest. 

The court then heard testimony from an unnamed senior prosecutor, identified only as “Prosecutor A,” who described the office’s internal handling of the case and the decision to disclose the child’s presence to the defense.

The prosecutor testified there was no recollection of a specific conversation with Gray about how to proceed because of the child’s presence, but acknowledged it was routine for Gray to consult senior prosecutors in death penalty cases.

Charlie Kirk speaks before he is assassinated during Turning Point’s visit to Utah Valley University in Orem, Utah, on September 10, 2025. (Tess Crowley/The Deseret News via AP)

A PROSECUTOR’S CHILD WITNESSED CHARLIE KIRK’S ASSASSINATION — CAN HE TAKE PART IN THE CASE?

The prosecutor testified Gray expressed early on that he intended to seek the death penalty and wanted that decision announced at the same time charges were filed — earlier than is typical, when such notices often come after a preliminary hearing.

Meanwhile, the state’s position remains that there is no conflict of interest with the prosecutor whose child witnessed the shooting, but even if there was, it wouldn’t affect the entire prosecutorial team. The state argued in previous filings that thousands of other people witnessed the shooting and that the child in question did not have a direct line of sight to the shooter. 

During Tuesday’s hearing, Graf said that defense attorneys haven’t proven that the issue is limiting Robinson’s due process.

“In sum, the defendant has not shown that there is a significant risk that Mr. Gray’s loyalty to daughter has or will materially limit representation of the state. Nor has defendant demonstrated that his due process rights are compromised by the continued prosecution of this case by the Utah County Attorney’s Office,” he said.

Attendees hold up posters of Charlie Kirk during a Turning Point USA event at Northrop Auditorium on the University of Minnesota campus on Monday, Sept. 22, 2025, in Minneapolis, Minn. (Stephen Maturen/Getty Images)

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To that point, the state called Utah State Bureau of Investigation Agent Dave Hall, a lead investigator in the case, to testify in the Feb. 3 hearing. He said that none of the more than 40 eyewitness statements taken from those who witnessed Kirk’s killing identified the shooter. 

Graf has said that he is accepting the defense’s alleged facts as true for the purpose of this motion. 

The next hearing is scheduled for March 13.

Fox News’ Stepheny Price, Adriana James-Rodl, Adam Sabes, Julia Bonavita and Michael Ruiz contributed to this report. 

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