In the early afternoon of Sept. 10, a Utah County prosecutor’s child — an 18-year-old Utah Valley University student — sent an urgent text to their family group chat.
The young person was at the event on their college campus where conservative commentator Charlie Kirk had been speaking. After a gunshot rang out, they texted: “SOMEONE GOT SHOT,” and later, “CHARLIE GOT SHOT.”
That same prosecutor is now part of the team litigating the criminal case against Kirk’s accused killer, Tyler Robinson. And on Friday, defense attorneys for Robinson called elected Utah County Attorney Jeff Gray to the witness strand to question him about his decision to keep that prosecutor on the case.
The defense team argues that the prosecutor’s family tie to one of the thousands of people who attended the UVU event creates a disqualifying conflict of interest. They’ve asked a judge to ban the entire Utah County attorney’s office from handling the case against 22-year-old Robinson.
The prosecutor may not be able to fairly handle Robinson’s case, they contend, adding that his office has made no efforts to wall him off.
Gray testified on Friday that he didn’t feel the prosecutor needed to be separated from the case. Defense attorney Richard Novak drilled him on whether Gray consulted with the Utah attorney general’s office or any lawyer ethics groups — which Gray said he didn’t do.
The county attorney noted that he worked at the A.G.’s office for decades before he was elected, so he didn’t feel he needed to consult the office.
“That’s what I did for 23 years,” he said. “I didn’t feel a need to go to those folks. I know how to figure that out.”
(Bethany Baker | The Salt Lake Tribune) Utah County Attorney Jeff Gray addresses the court during a hearing for Tyler Robinson in 4th District Court in Provo on Friday, Jan. 16, 2026.
Gray also testified that there were other people he knew who was there when Kirk was shot: Two young adults whose family attend his ward of The Church of Jesus Christ of Latter-day Saints.
There’s been an effort to keep the names of the prosecutor and his child shielded, with Deputy Utah County Attorney Ryan McBride noting in court on Friday that many of those involved in the case have received death threats.
The prosecution asked to close the courtroom during Friday’s testimony, but 4th District Court Judge Tony Graf said he wouldn’t do so. Testimony on the defense request is expected to continue on Feb 3.
The judge doesn’t have Utah case law to look to when making his decision. Robinson’s defense team acknowledged in its court filings that there’s never been a case in Utah like this before, where a key prosecutor’s child was a “witness to a homicide in a crowded event whose traumatic experiences were conveyed to the prosecution in real time.”
There’s a “natural instinct,” they argued, for the prosecutor to protect his child, which could affect his ability to handle the case ethically.
Gray, the county attorney, has pushed back, arguing that the prosecutor doesn’t have a conflict that requires the lawyer — or Gray’s entire team — to be disqualified.
The student didn’t see the shooting, Gray wrote in a court filing, and was not in the line of sight of the gunman, who law enforcement says fired a single bullet from a rooftop. The student did not feel traumatized by the event, Gray wrote, and they have not missed classes or needed counseling.
“Other than being scared at the time,” he wrote, “[the student] experienced no lasting trauma.”
Robinson is facing multiple charges, including aggravated murder, in connection with Kirk’s death. Prosecutors have indicated they will seek the death penalty if he is convicted.
Watch the full court hearing below: