Tyler Robinson Judge Rules Case Can Proceed to Trial — as Charlie Kirk's Accused Killer Faces Possible Death Penalty if Convicted

Judge Graf has ruled that Tyler Robinson will face a formal trial for the murder of Charlie Kirk, and faces a possible death penalty if convicted, RadarOnline.com can report, after a months-long preliminary period finally concluded on Tuesday, September 1.

Utah State prosecutors contend the 23-year-old meticulously plotted to kill the popular conservative commentator as he spoke with students at a local college nearly a year ago.

Tuesday's closing arguments were the final step in the pretrial process, which included a week-long hearing earlier last month that served almost as a trial of its own, as both prosecutors and defense attorneys called witnesses and had a chance to make their case to Judge Tony Graf for or against a trial.

The two sides also discussed the possibility of allowing cameras in the courtroom to document the proceedings, along with talks about what sort of exhibits attorneys would be allowed to display.

The families of Kirk and Robinson sat in the first few rows of the Provo, Utah, courtroom, as the closing arguments were presented.

According to sources in the courtroom, Kirk's widow, Erika, was seated with her late husband's mother and father, staring intently as the judge addressed the crowd.

When the judge discussed whether still frames from video of the shooting would be shown in court, she briefly held her head in her hands.

Attorneys for the state filed an official memorandum last month urging Judge Graf to rule that there is enough evidence for Robinson to stand trial for the murder.

The document followed July's week-long preliminary hearing, which served almost as a pre-trial, as both sides called witnesses and had a chance to make their case before Graf.

Much of the debate and discussion has been over the prosecution's desire for the death penalty, should Robinson be found guilty of the crime.

However, Robinson's attorneys argued that prosecutors presented no evidence that he knew his alleged actions would create "a great risk of death" to anyone besides the 31-year-old.

In Utah, not every homicide is automatically a capital crime. Prosecutors must show the killing was especially egregious and prove there was an "aggravating factor" in play as well.

In the case of Kirk's killing, prosecutors argued the aggravating factor was that Robinson put others at risk when he allegedly fired at the popular podcaster in the middle of a packed, public college quad.

But his attorneys countered that prosecutors needed to show more than just a "possibility" of someone else getting hurt, arguing the fatal bullet was headed in only one direction.

"The bullet that struck and killed Mr. Kirk was not fired in an enclosed bedroom or space but rather, an open-air arena with what the State’s witnesses termed, 'a clear line of sight,'" the brief read. "There were no threats to others in the course of conduct. There was no one 'directly' next to Mr. Kirk when he was shot, and there was no one under the tent on the side that Mr. Kirk was struck or behind him in the breezeway."

Kirk was gunned down as he spoke with students and died soon after. Prosecutors allege Robinson shot Kirk in the neck with a bolt-action rifle from the roof of a nearby campus building.

That rifle was reportedly later recovered with Robinson's DNA on it. Officials have indicated the alleged assassin's motive had to do with gay and trans rights.

"When asked why he did it, Robinson explained there is too much evil in the guy, referring to Charlie Kirk," said Utah County Attorney Jeff Gray, referring to the words of Robinson's loved ones.

And in a text chat with his love and roommate, Lance Twiggs, Robinson allegedly said he had to kill Kirk when the opportunity presented itself.

"I had enough of his hatred," Robinson reportedly texted Twiggs. "Some hate can't be negotiated out."