A preliminary hearing began Monday, July 6, 2026, in the 4th District Court in Provo, Utah, where witnesses have begun testifying as prosecutors present evidence and are seeking the death penalty in the fatal shooting of Charlie Kirk; the hearing is expected to last up to five days.
Prosecutors will try to convince state District Judge Tony Graf they have enough evidence to try Tyler Robinson, who is 23 years old, and Graf will weigh the evidence and decide whether there are reasonable grounds to hold Robinson for trial and whether prosecutors may proceed in seeking capital punishment.
Robinson is charged with aggravated murder, felony discharge of a firearm causing serious bodily injury, obstruction of justice, two counts of witness tampering and commission of a violent offense in the presence of a child; he has not entered a plea and his attorneys have not issued statements on his guilt or innocence.
The fatal shooting occurred Sept. 10, 2025, at an outdoor rally at Utah Valley University in Orem, Utah, where Kirk, 31, was taking a question about gun violence when a single shot struck the left side of his neck.
Authorities say Robinson fled the scene and prompted a massive manhunt before surrendering the night of Sept. 11, 2025, after his father recognized him in photos released by investigators and contacted law enforcement.
Prosecutors said they plan to present DNA evidence linking Robinson to the suspected murder weapon, testimony from investigators, autopsy findings, witness statements and video of Kirk’s killing, and they are expected to argue the shooting endangered others at the campus event — an aggravating circumstance that could make the crime punishable by death under Utah law. Prosecutors also expected to continue the hearing into Tuesday and to present additional law enforcement video, including a Washington County sheriff's office video from Sept. 11, and a recorded statement from the defendant's roommate.
Former Utah Valley University officer Christopher Bagley testified that he witnessed the shooting while Kirk was speaking to a campus crowd of thousands on Sept. 10 and that he later went to a nearby gravel rooftop where it appeared someone had been lying prone with a clear sightline to Kirk's location. "It looks like a sniper pad," Bagley said.
Prosecutors showed several graphic videos of Kirk's shooting, including the moment he was shot and security administering first aid, and Kirk's family briefly walked out of the courtroom twice during testimony and the video presentations before returning. Monday marked the first time Kirk's parents, Kathryn and Robert, and widow, Erika, were in the courtroom since the case began. Robinson's parents also were present, and Robinson sat quietly between his attorneys throughout the hearing, occasionally taking notes with his wrists shackled to a chain around his waist.
Defense attorney Kathryn Nester repeatedly objected to evidence introduced by prosecutors and was mostly overruled by Graf. When she asked Bagley about finding an empty pistol holster on the ground after the crowd fled, Bagley acknowledged he never took custody of the holster and did not know whether it had been fingerprinted. Graf sided with the defense to block the introduction of a compilation of surveillance videos from Utah Valley University because some had been altered to zoom in or had circles drawn around individuals, and prosecutors said they would try again Tuesday to introduce that video with the alterations removed. Utah is an open carry state, meaning people can carry guns openly or conceal them without a permit.
The proceeding resembled a mini-trial, and former prosecutor and state judge Mark Kouris, now an adjunct professor at the University of Utah's S.J. Quinney College of Law, said the standard for a preliminary hearing is low. "This standard is extremely low and the chances of them not getting through it are, quite frankly, almost nothing," Kouris said.
Court filings and prosecutors allege Robinson confessed in a note left for his roommate, who was also his romantic partner, that read, "I had the opportunity to take out Charlie Kirk and I'm going to take it," and that Robinson sent text messages to the roommate saying he targeted Kirk because he "had enough of his hatred." The roommate is not expected to testify in person and prosecutors may use recorded testimony.
Ahead of the hearing, Erika Kirk said during her husband's memorial service that she forgives Robinson and she issued a statement thanking supporters for their kindness and prayers, writing, "Every court proceeding serves as a painful reminder of his death, and the loss that has irrevocably impacted our lives and the lives of his children." Before his death, Kirk and the organization he co-founded, Turning Point USA, galvanized the conservative youth vote to help President Donald Trump win a second term.