It's been nearly a year since our cherished Salem Media colleague Charlie Kirk was assassinated in front of thousands of people at Utah Valley University, and the wheels of justice continue to turn. 

Tyler Robinson, the man accused of pulling the trigger on September 10, 2025, was back in a Provo, Utah, courtroom Tuesday for what was the most consequential hearing in the case yet: the final decision on whether he will stand trial for aggravated murder – and whether the death penalty remains on the table as punishment.

It's important to note that Robinson's guilt was not being decided at this hearing.

Fourth District Judge Tony Graf Jr. ruled that there is probable cause for Robinson to stand trial on aggravated murder, which carries the death penalty if convicted in the state of Utah.

Charlie's widow, Erika, was in the courtroom along with his parents, Rob and Kathy Kirk, and representatives from Turning Point USA. They were reportedly seated just two rows behind Robinson's family. 

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Tuesday's hearing picked up where an unusually lengthy five-day preliminary hearing left off in July, with both sides making their final arguments before Graf.

At the center of the fight was whether prosecutors had shown enough evidence – or probable cause – to move forward with the aggravated murder charge, which carries with it the possibility of the death penalty. Prosecutors argued Robinson knowingly put the lives of others at risk when he allegedly fired a high-powered rifle from a rooftop about 400 feet away into an event attended by more than 3,000 people.

The defense countered by saying that the shooter fired a single round and struck his intended target, and, therefore, did not endanger anyone else in the crowd or those gathered near Charlie. Robinson's lawyers argued that the elevated angle of the shot meant no one else was in the path of the bullet and concluded that the state had failed to establish the aggravating factor necessary to make it a capital case.

Prosecutors weren't buying that, and also argued that Robinson targeted Charlie because of his political views, which prosecutors said were especially offensive to Robinson given his homosexual relationship with boyfriend Lance Twiggs.

“We know what charge Kirk stood for, and those ideas were repugnant to the defendant, who was in a homosexual relationship with a man who was considering transitioning genders,” prosecutor Ryan McBride argued, referring to Robinson’s relationship with partner Lance Twiggs — who also went by Luna.

The probable-cause fight is now over. Next comes Robinson's arraignment and the long road to a capital murder trial.

Update: The Kirk family has issued the following statement:

STATEMENT ON BEHALF OF THE KIRK FAMILY:

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.

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.