A 23‑year‑old Utah man has pleaded not guilty to the murder of conservative activist Charlie Kirk – as a judge ruled prosecutors can seek the death penalty at trial.

Tyler Robinson denies aggravated murder, a capital offence in Utah, and six other charges tied to the shooting of Kirk at a campus event on 10 September 2025.

Defense lawyers had tried to have the death penalty taken off the table, but prosecutors argued that aggravating factors, such as firing into a crowd in the presence of children, warranted a capital trial.

Twice a co‑founder of Turning Point USA co‑founder Kirk, 31, was shot in the neck while speaking at Utah Valley University in Orem.

The defendant, wearing a grey suit, appeared in court in the city of Provo on Tuesday.

Kirk’s widow Erika, the mother of their two children, and his parents, Robert and Kathryn, attended the hearing.

In a statement shared afterwards, the Kirk family said the judge’s decision "marks an important step" in their pursuit of justice.

"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," the statement added.

Closing arguments followed a five‑day preliminary hearing in July, during which prosecutors outlined their evidence to show probable cause for trial.

That included DNA allegedly tying Robinson to the murder weapon and other items recovered at the scene; confessions he allegedly made to loved ones; and a taped video statement from his roommate and romantic partner, Lance Twiggs.

"There is a mountain of evidence that proves that he is the shooter," prosecutor Ryan McBride told the court, outlining video that he said showed Robinson “dressed to kill” on campus on the day of the shooting.

Prosecutors said the accused, a former apprentice electrician, was in a relationship with his roommate and regarded Kirk’s conservative views, particularly on transgender issues, as "repugnant" - which they argued was the motive.

On Tuesday, prosecutors also highlighted aggravating factors, accusing the defendant of playing a game of ballistic roulette when he allegedly fired toward Kirk, who was surrounded by other people.

Defense lawyers attempted to sow doubt about the prosecution’s evidence, raising questions about procedure and the credentials of experts who testified.

The defendant’s lawyers have repeatedly objected to cameras livestreaming court proceedings, but the judge ruled in favor of transparency in a case that has sparked conspiracy theories.

Robinson will be next bound to trial and arraigned on 23 October, when a trial date is expected to be set.