Tyler Robinson’s defense attorneys asked a Utah judge Friday to remove the Utah County prosecutors pursuing a death-penalty case against their client, arguing that a deputy county attorney’s family connection to the scene of Charlie Kirk’s killing creates a conflict of interest the office cannot cure from within. Robinson, 22, is charged with aggravated murder in the Sept. 10 shooting of Kirk at Utah Valley University in Orem, Utah. He has not yet entered a plea.
The motion, which an independent legal expert said he doubted would succeed, puts the fitness of the Utah County Attorney’s Office under scrutiny in one of the highest-profile criminal cases in the state. If Judge Tony Graf grants it, the prosecution would likely shift to attorneys in Salt Lake City or the state attorney general’s office.
The conflict-of-interest claim
The defense’s argument turns on an 18-year-old woman — the daughter of a deputy county attorney involved in the case — who was present at the outdoor rally when Kirk was shot. According to court filings and testimony, she texted her father that day saying, “CHARLIE GOT SHOT.” She did not see the shooting but heard a loud pop, according to an affidavit submitted by prosecutors.
Robinson’s attorneys argued that the close connection between the prosecution team and a person present for Kirk’s killing “raises serious concerns about past and future prosecutorial decision-making.” They also contended that the “rush” to seek the death penalty reflects “strong emotional reactions” by prosecutors and merits disqualification of the entire team.
Defense attorney Richard Novak urged Graf to substitute the state attorney general’s office, telling the court it was problematic for county prosecutors to litigate the case against Robinson while simultaneously defending their own fitness to do so.
The prosecution’s response
Utah County Attorney Jeffrey Gray dismissed the motion as a delay tactic. “This is ambush and another stalling tactic,” Gray said.
Gray argued that his colleague’s daughter is “neither a material witness nor a victim in the case” and that “nearly everything” she knows about Kirk’s killing is hearsay. Gray testified Friday that he was with his colleague when the family group-chat text arrived, and the colleague showed it to him.
“There is virtually no risk, let alone a significant risk, that it would arouse such emotions in any father-prosecutor as to render him unable to fairly prosecute the case,” Gray said in a court filing.
Robert Church, director of the Utah Prosecution Council, which trains prosecutors, told the Associated Press he was unaware of any major case where attorneys had been disqualified for bias. “I would bet against the defense winning this motion,” Church said. “They’ve got to show a substantial amount of prejudice and bias.”
What happens if the motion succeeds
If Graf grants the disqualification, the case would likely move to prosecutors in a county with sufficient resources — such as Salt Lake City — or to the state attorney general’s office, Church said. Graf would make the final call on any transfer.
The deputy county attorney and his daughter are expected to testify at a hearing scheduled for Feb. 3.
Case background and upcoming dates
Several thousand people attended the outdoor rally on the Utah Valley University campus the day Kirk was shot while taking audience questions. Kirk was a co-founder of Turning Point USA and had been active in mobilizing young voters for President Donald Trump.
Prosecutors have said DNA evidence connects Robinson to the killing. Robinson also reportedly texted his romantic partner that he targeted Kirk because he “had enough of his hatred.”
Friday’s hearing was briefly interrupted after defense attorneys raised concerns that a local television station was livestreaming close-up footage of Robinson that could potentially be analyzed by lip readers to determine what he was discussing with his attorneys. Graf ordered the camera operator not to film Robinson for the remainder of the hearing.
A preliminary hearing at which prosecutors are expected to lay out their case is scheduled to begin May 18.
At Utah Valley University, President Astrid Tuminez announced Wednesday that she will step down when the semester ends in May. The school has been working to expand its police force and add security managers after drawing criticism for a lack of key safety measures on the day of the shooting.