Charlie Kirk‘s alleged killer will stand trial for aggravated murder in the Sept. 10, 2025, shooting of the right-wing political activist in front of a crowd at Utah Valley University, a judge ruled Tuesday. 

Judge Tony Graf decided in favor of prosecutors who say they have enough evidence against Tyler Robinson to put the 23-year-old on trial on a charge of aggravated murder, which could see him face the death penalty, life in prison without parole, or 25 years to life in prison with parole.

Before the court in Provo, Utah, went to recess earlier Tuesday, Graf said he needed time to go over the 24 pages of notes he took during the closing arguments of Robinson’s preliminary hearing.

Prosecutors presented much of the evidence against Robinson during a five-day hearing back in July. A factor for the aggravated murder charge is a reasonable belief that the defendant knowingly endangered others in Kirk’s death. The state of Utah argued Robinson targeted Kirk because of his political beliefs, and knowing that children were present and would witness the shooting.

The judge said his decision was based on “the documented position of several individuals in and around the canopy area” where Kirk was speaking, among other factors.

“These circumstances support a reasonable inference that defendant was aware that other individuals were positioned near Mr. Kirk when he fired,” Graf said.

Shortly after the preliminary hearing ended, Kirk’s widow, Erika Kirk, had submitted a court filing asking Graf to make a determination by Sept. 1.

“Today’s decision, which comes nearly a year since Charlie was taken from us, marks an important step in our family’s pursuit of justice for him,” Kirk’s family said Tuesday in an emailed statement. “Every step in this process carries the weight of all that Charlie’s murder has taken from his family, especially his children who will grow up without their father. We are grateful to all who have continued to pray for us, support us, and stand with us through a year of unimaginable grief.”

“As the next phase of the judicial process begins, our family remains united in our love for Charlie, our commitment to the pursuit of justice, and our prayer for a transparent and timely process,” the statement said.

On Tuesday, prosecutors said Robinson “shot and killed Charlie Kirk because he disagreed with him and he did it by firing a high-powered rifle into a crowd of thousands.” They added that there is a “mountain of evidence” against Robinson, and it is “overwhelming.” 

The defense’s closing arguments mainly focused on the enhancements to the charges that would allow the prosecution to seek the death penalty against Robinson. The attorneys argued that the aggravating factor needed for a capital case — in which others’ lives were knowingly put at great risk — hasn’t been proven, because the shooter had a clear shot and only fired once, over the crowd. 

To counter that argument, prosecutors said: “You can’t shoot a rifle into a crowd of 3,000 people and not know that you are posing a significant risk of death.”

Robinson had no visible reaction to the arguments. His mother, Amber Robinson, watched from the courtroom gallery and his father, Matt Robinson, listened with his head bowed.

Kirk’s parents, Robert and Kathryn Kirk, entered the heavily secured facility arm in arm before the hearing at the Fourth Judicial District Courthouse in Provo. Erika Kirk was seated beside them. The family stepped out during part of a prosecutor’s argument that described the shooting.

Robinson is also accused of obstruction of justice, which carries a penalty of up to 15 years in jail, and felony discharge of a firearm causing serious bodily injury, which carries a penalty of five years to life in prison, according to the Utah County Attorney’s Office. Graf ordered Robinson to stand trial on all seven counts.

Robinson has not yet entered pleas to those charges.