It was a rough week for Tyler Robinson’s defense. The 23-year-old accused of assassinating Charlie Kirk suffered two significant courtroom setbacks, with his preliminary hearing now just weeks away.
As previously reported, Robinson is charged with the fatal shooting of Kirk, who was struck in the neck by a single bullet fired from a rooftop approximately 140 yards away. The attack occurred while Kirk addressed a crowd of roughly 3,000 at Utah Valley University in Orem, Utah, on September 10, 2025. Robinson surrendered to authorities the following night after his parents recognized him from released images and arranged his peaceful turn-in.
He faces charges including aggravated murder, felony discharge of a firearm, two counts of obstruction of justice, two counts of witness tampering, and commission of a violent offense in the presence of a child. Prosecutors have stated they will seek the death penalty if he is convicted.
Judge Allows Hearsay, Rejects Live Testimony Demand
On Monday, Judge Tony Graf denied Robinson’s attorneys’ motion to block the presentation of hearsay evidence at July’s preliminary hearing, according to Fox News.
The defense had argued that prosecutors should not be allowed to rely on recorded statements from Lance Twiggs, Robinson’s former roommate and romantic partner, rather than requiring his live testimony. Graf ruled that under Utah law, reliable hearsay is generally permitted at the preliminary hearing stage.
“Although the preliminary hearing is a critical stage of the criminal process,” Graf wrote, “it is not a trial, and does not involve a determination of guilt or innocence.”
The judge also rejected the defense’s bid to force Twiggs to take the stand in person, ruling that his recorded police interview would suffice.
The Twiggs Factor
As The Dallas Express first reported in September of 2025, Twiggs was identified as the roommate cooperating with federal investigators shortly after Kirk’s assassination. Senior FBI officials described the two as romantic partners who shared an apartment in St. George, Utah, and said Twiggs had been “extremely cooperative” while stressing he had no prior knowledge of Robinson’s alleged plan to assassinate Kirk.
Prosecutors also confirmed this week that Twiggs has been granted limited immunity related to his testimony and statements in the case, per Fox. According to prior court records, Twiggs previously told investigators that Robinson had allegedly confessed to killing Kirk and discussed hiding evidence with him – details that could be crucial in establishing probable cause at next month’s hearing.
Death Penalty Fight Continues
The death penalty is still on the table, for now.
Robinson’s defense team is pushing hard to get it removed, arguing that prosecutors violated a gag order by speaking publicly about the ballistics evidence. The dispute traces back to a defense filing suggesting ATF analysts couldn’t actually link the fatal bullet to Robinson’s rifle, which went viral.
Prosecutors fired back publicly, saying that it was misleading and adding that the bullet’s caliber and a spent casing were both consistent matches.
However, the defense called those public comments a clear gag order violation and argued the only appropriate punishment was stripping the death penalty from the case entirely. Prosecutors pushed back, calling that sanction wildly out of proportion to the alleged misconduct.
Graf didn’t rule on that death penalty dispute on Monday, and that decision is still pending as of the time of publication.
The DNA Battle
While the ballistics get most of the headlines, DNA evidence remains the backbone of the prosecution’s case. As The Dallas Express reported when the indictment dropped, Robinson’s DNA allegedly tied him to the rifle, the bullets, and other items recovered both near UVU’s campus and inside the apartment he shared with Twiggs.
What Comes Next
All eyes now turn to July 6, when the preliminary hearing is expected to begin.
That preliminary hearing is where prosecutors must show the court there’s enough evidence to take this to trial. Graf’s still-pending ruling on the death penalty question – whether prosecutors crossed a line by talking to the media — could drop before then, or land in the middle of the hearing itself.
Either way, Robinson hasn’t entered a formal plea on any of the charges, and the bigger battles over evidence and witness testimony are just getting started.
