Story perspectives

Judge Keeps Death Penalty Option in Utah Kirk Killing

6/27/2026

Center

Judge Graf Rejects

Judge Tony Graf Jr. rejected the defense’s request to eliminate the death penalty, keeping capital punishment on the table.
Tyler Robinson, 23, faces aggravated murder charges for killing conservative activist Charlie Kirk in Orem, Utah, without entering a plea.
The defense cited an ATF report that did not match the bullet to Robinson’s rifle.
The court will consider expanded jury questionnaires at the July 6 preliminary hearing to address prejudice.

Left

Graf Rejects Appeal

Utah judge held Deputy Attorney Christopher Ballard in contempt for claiming prosecutors had ample evidence against Charlie Kirk’s alleged killer.
The state must pay the defense’s reasonable attorney fees and costs from the contempt motion.
Judge Tony Graf rejected the bid to scrap the death penalty, calling the sanction grossly disproportionate.
The court ordered jury questionnaires and a pool to offset prejudice from the prosecutor’s comments.

History

Historical Context

Following the Supreme Court’s 1976 Gregg v. Georgia decision that ended the Furman moratorium, Utah resumed executions, carrying out Gary Gilmore’s firing-squad death on Jan 17 1977. The ruling’s bifurcated trial and jury-discretion requirements are the basis Judge Tony Graf used to reject discarding Utah’s death-penalty law in the Charlie Kirk murder, a statute still kept by 71 % of states in 2020.

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Judge Graf Rejects

Judge Tony Graf Jr. rejected the defense’s request to eliminate the death penalty, keeping capital punishment on the table.
Tyler Robinson, 23, faces aggravated murder charges for killing conservative activist Charlie Kirk in Orem, Utah, without entering a plea.
The defense cited an ATF report that did not match the bullet to Robinson’s rifle.
The court will consider expanded jury questionnaires at the July 6 preliminary hearing to address prejudice.

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