A Utah judge has set a hearing for Sept. 1 to consider whether the high-profile case against conservative commentator Charlie Kirk’s alleged assassin, Tyler James Robinson, 23, should go to trial.
Judge Tony Graf Jr. also must weigh whether to uphold seven charges against Robinson, including one carrying a potential death sentence.
Based on evidence presented during a five-day preliminary hearing in early July, prosecutors and defense lawyers will argue at 10 a.m. MDT in the Fourth District Court in Provo, Utah.
Lawyers representing Kirk’s widow, Erika Kirk, urged Graf to rule by Sept. 1, a court record says, arguing against any “undue delay” while preserving Robinson’s right to a fair trial.
It was unknown whether the judge would comply with that request.
By law, the judge’s sole task is to decide whether there is probable cause—a required step before the case can head to trial, prosecutors noted.
That legal standard “requires ‘evidence sufficient to support a reasonable belief that an offense has been committed and that the defendant committed it,’” prosecutors explained in a news release, citing state law.
If Graf finds probable cause, he must “bind over” the case for trial; otherwise, the judge must dismiss the charges, and prosecutors could resubmit the charges later.