PROVO, Utah — Fourth District Judge Tony Graf on Tuesday, Sept. 1, 2026, bound Tyler Robinson over for trial on all counts in the fatal shooting of Charlie Kirk, kept capital aggravated murder — and the death penalty — on the table, and Robinson’s attorney entered not-guilty pleas on his behalf at arraignment in 4th District Court in Provo, CNN reported from the courtroom. Courtroom reporter Nick Sortor said Graf found probable cause on all seven charges, including an aggravating factor that Kirk was targeted because of his political expression.

A bind-over is a probable-cause finding that sends charges toward trial. It is not a finding of guilt. Utah’s preliminary-hearing standard is low, and the evidence must be viewed in the light most favorable to the state. The death penalty remains possible if Robinson is convicted; a jury and trial are still ahead.

CNN’s live blog, updated 8:22 p.m. EDT, said Graf ruled Robinson will stand trial on all counts, listing aggravated murder, felony discharge of a firearm causing serious bodily injury, obstruction of justice, tampering with a witness, and a violent offense committed in the presence of a child. Prosecutors have said they intend to seek the death penalty if he is convicted. Correspondent Andi Babineau, reporting from the courtroom, said Robinson had not yet entered pleas before the ruling and that his attorney entered not-guilty pleas afterward.

Sortor, posting from the hearing as Graf read from the bench, said the judge found the evidence supports a “reasonable belief that the defendant is the individual who shot and killed Charlie Kirk,” then reported probable cause on all seven counts. The Guardian also reported that Robinson pleaded not guilty after the ruling, that Graf kept him eligible for the death penalty if convicted, and that a trial date has not been set. Deseret News, KSL, Fox News, and AP had been catching up as the decision landed after 5 p.m. Mountain time.

As reported from the courtroom by Sortor, Graf cited forensic and circumstantial evidence from the July preliminary hearing, including:

  • That the defendant’s DNA was a major contributor on the firearm stock, grips, butt plate, trigger, and trigger guard
  • Tool-mark analysis matching an engraving cutter from the defendant’s residence to a cartridge casing and live ammunition associated with a Mauser rifle
  • FBI DNA analysis on a screwdriver recovered at the crime scene with a likelihood ratio exceeding 30 quintillion
  • Video of Robinson’s vehicle, text messages to his boyfriend, and other surveillance

Those forensic bench specifics are attributed to Sortor’s contemporaneous courtroom account and had not yet been mirrored in full by CNN, Deseret, KSL, Fox, or AP at first publication. CNN has since confirmed the all-counts bind-over, the not-guilty pleas, and that prosecutors intend to seek the death penalty if Robinson is convicted.

Sortor further reported that Graf established probable cause on all seven charges, including the political-targeting aggravator. As listed in Sortor’s courtroom posts:

  • Aggravated murder (capital felony) — alleged intentional or knowing killing of Kirk, with aggravating factors that include creating a great risk of death to others and targeting Kirk because of his political expression
  • Felony discharge of a firearm causing serious bodily injury (first-degree felony)
  • Two counts of obstruction of justice — allegedly removing or hiding the rifle, and removing or hiding clothing worn during the shooting
  • Two counts of witness tampering — alleged attempts to get a roommate/partner to delete incriminating texts and remain silent if questioned
  • Commission of a violent offense in the presence of a child

CNN’s all-counts list matches those categories. Sortor’s seven-count breakdown and the political-expression aggravator are attributed to his courtroom reporting. The Guardian separately quoted Graf on the risk-of-death aggravator, saying the circumstances “support a reasonable inference that defendant was aware that other individuals were positioned near Mr Kirk when he fired.”

Robinson, 23, is accused of fatally shooting Kirk on Sept. 10, 2025, at a Turning Point USA event at Utah Valley University. He now proceeds to trial on aggravated murder and related counts, with the Utah County Attorney’s Office saying it will seek the death penalty if he is convicted. Prosecutors Chad Grunander and Ryan McBride argued Tuesday that the evidence was overwhelming. Defense attorneys Staci Visser, Richard Novak, and Kathryn Nester contested the death-penalty aggravator — arguing a single shot hit the intended target — and challenged other counts, including witness tampering.

Erika Kirk and Kirk’s parents were in the gallery for closing arguments, CNN and Deseret reported. After a week-long July preliminary hearing and Tuesday’s closings, Graf recessed with notes and returned after 5 p.m. Mountain time to rule. CNN reported that Kirk’s family said the decision is an “important step in our family’s pursuit of justice.”

Guilt or innocence remains for a trial jury — or later litigation — under the beyond-a-reasonable-doubt standard, not today’s probable-cause gate. A trial date has not been set, The Guardian reported.

Sources