Robinson faces death penalty if case advances to trial

The hearing is scheduled for 10 a.m. MDT in state court in Provo, Utah. The judge will weigh whether the evidence prosecutors laid out in July meets the standard required to send Robinson to trial on the aggravated murder charge.

Robinson, 23, is accused of shooting Kirk on the campus of Utah Valley University in September 2025, while the conservative activist was speaking at an open-air event. He turned himself in to authorities a day after the killing.

In July, prosecutors spent five days in court presenting evidence they said was “overwhelming” that Robinson was the shooter. The Tuesday hearing is the next step in determining whether the case moves forward.

Robinson has not entered a plea. His lawyers have not offered alternative theories for who killed Kirk or how he died. Instead, the defense has focused on procedural challenges: trying to block the case from proceeding to trial and trying to get the death penalty taken off the table.

Aggravated murder carries death penalty eligibility. The judge’s ruling will determine whether Robinson faces trial on that charge.