Death penalty possible as Utah prosecutors ready Charlie Kirk murder charges

The formal charges against Tyler James Robinson, the 22-year-old accused of killing conservative commentator Charlie Kirk, are expected to be filed this week, and they will determine whether prosecutors can pursue the death penalty — a step repeatedly advocated by Utah Governor Spencer Cox.

Robinson, a resident of southern Utah, is currently held without bail at Utah County Jail. Authorities allege he climbed onto a rooftop at Utah Valley University and fatally shot Kirk from approximately 200 yards away, then fled into a nearby neighbourhood before returning home in Washington, Utah.

“Given the very early stages of this investigation and the fact that it is ongoing, we cannot comment on the specific charges that will be filed,” Utah County Attorney Jeff Gray said over the weekend. “However, we anticipate those charges will likely align with the preliminary charges that led to Mr. Robinson’s booking.”

According to the affidavit, Robinson faces charges including aggravated murder, felony discharge of a firearm, and obstruction of justice. The aggravated murder charge is particularly significant because it forms the basis for seeking the death penalty.

Gray noted that under state law, the maximum penalty for aggravated murder is death, but prosecutors must prove an “aggravating” factor. Without such a factor, a standard murder charge carries a maximum sentence of life imprisonment.

Aggravating factors can include killing multiple victims, targeting a police officer, or the victim being under 14 years old. In this case, however, experts suggest that proving an aggravator may be limited. Joshua Ritter, a California defence attorney, explained that prosecutors would likely argue that the shooting posed a “grave risk” to bystanders gathered near Kirk. 

Ritter said, “If the jury finds that allegation to be true, then it’s game on. There was a crowd of people around him, and he was shooting from 200 yards away...that could have put others in danger. It’s a fairly easy argument to make.”

To seek the death penalty, prosecutors must also file a formal notice with the court within 60 days of charging. Ritter added, “I imagine what they’re going to do is just charge him with aggravated murder. They may specify under which code section, giving a clearer picture.”

The obstruction charge carries a maximum sentence of 15 years, while the felony discharge of a firearm could result in five years to life in prison.

Gray stated that the official charges will be filed in a “criminal information” document, possibly as early as Tuesday or as late as Friday, depending on whether prosecutors require more time. Following the filing, Robinson will have his first court appearance, and the charging documents will become public. Gray’s office is expected to hold a press conference to provide further updates.

“We will be thorough and deliberate at every stage of this case,” Gray emphasised.

By Tamilla Hasanova