District Judge Tony Graf will decide on Tuesday if there is enough evidence to put Tyler Robinson on trial for aggravated murder in the killing of Charlie Kirk. ^[1] Judge Tony Graf ruled on 2026-01-15 that the prosecution's evidence supports the death penalty for Tyler Robinson, who shot Charlie Kirk. ^[2] Prosecutors alleged that an engraved bullet found in the suspected murder weapon bore the inscription Hey Facist! CATCH!, arguing it was an overt political reference targeting Kirk's beliefs. ^[3] Prosecutors argued that numerous people were within a zone of danger around Kirk when he was shot from a rooftop more than 400 feet away, which is a key factor for the aggravated murder charge. ^[4] Tyler Robinson, the 23-year-old defendant, turned himself in a day after the shooting at Utah Valley University last September and has not yet entered a plea. ^[5] Judge Tony Graf accepted the prosecution's argument that Robinson fired a shot that hit Charlie Kirk while he was speaking to a crowd in Orem, Utah, in September 2025. ^[6] One of Robinson's defense attorneys filed a statement on his behalf stating that he does not admit guilt following the judge's decision. ^[7] Robinson's lawyers argued that the prosecution failed to prove that the shooting endangered the life of someone near Charlie Kirk, which is a condition required for the death penalty. ^[8]