A judge has decided not to disqualify the team currently prosecuting the man accused of fatally shooting conservative commentator Charlie Kirk, ruling they have “no significant risk” of any conflict of interest that would jeopardize the death penalty case.
That latest decision came Tuesday from 4th District Judge Tony Graf in the highly watched case. Tens of reporters from different media outlets joined the online hearing to learn whether Graf found the Utah County attorney’s office was biased against Tyler James Robinson.
“The court finds those boundaries have not been crossed here,” Graf said, reading from his ruling during the 30-minute hearing.
The 22-year-old’s defense attorneys had previously moved to remove the Utah County attorney’s office from the case after learning that one of its prosecutors had a daughter who was at the Utah Valley University event where Kirk was shot Sept. 10.
(Trent Nelson | The Salt Lake Tribune) Tyler Robinson, accused in the fatal shooting of Charlie Kirk, appears during a hearing in 4th District Court in Provo on Tuesday, Feb. 3, 2026.
During a hearing last month, the daughter — an 18-year-old UVU student — had testified that she had been excited to see Kirk speak at her Orem school. She said she was about 85 yards away from Kirk, toward the back of the open courtyard, when she heard a single shot ring out.
She said she did not directly see Kirk shot and ran to a nearby building to take cover. During that time, she texted her father, who is Deputy Utah County Attorney Chad Grunander.
Grunander testified only that he was initially worried about his daughter’s safety and felt better when he learned she was OK.
The daughter’s identity has been keep private by the court because of security concerns with the high-profile case.
Robinson’s defense team argued Grunander’s relation to the teen creates a disqualifying conflict of interest. They have also suggested Grunander openly discussed his daughter’s situation with other prosecutors and there were no efforts to wall him off from doing so, effectively prejudicing the entire team.
The Utah County attorney’s office countered that the daughter has had no lingering trauma or emotional difficulty in the aftermath of the shooting. She also wasn’t interviewed by police as a witness, they noted, and would not be called as a witness in the criminal case.
Graf said he agreed that the daughter “has no uniquely relevant testimony to give, and the state has access to much stronger evidence from other witnesses.”
There were about 3,000 attendees at the Kirk event, he added, and 40 of those individuals voluntarily provided witness statement to police. Grunander’s daughter also did not have any photo or video evidence, she testified, because she put her phone away during Kirk’s address.
(Trent Nelson | The Salt Lake Tribune) Charlie Kirk appears at Utah Valley University in Orem on Wednesday, Sept. 10, 2025.
Graf noted the prosecutor’s relation to the teen does not appear to have factored into the office’s decision to seek the death penalty, which was made by Utah County Attorney Jeff Gray.
“The decision whether to seek the death penalty is among the most solid exercises of prosecutorial discretion,” Graf added.
Graf added that, to him, it appears Gray quickly made the decision to seek the death penalty “at the inception of the case,” mindful about both the public’s curiosity and the toll such a delay could take on Robinson’s family. That indicates it likely wasn’t a decision influenced by Grunander’s relationship with his daughter, Graf argued.
Typically, the judge noted, to determine there is a conflict of interest, there needs to be a more direct connection between the prosecutor and the defendant, according to court precedent. Grunander has no such connection to Robinson.
“The court is unpersuaded that Mr. Grunander’s relationship with [his own] daughter creates an appearance of bias in this case,” Graf said.
Robinson is facing multiple charges, including aggravated murder, in connection with Kirk’s death.
He appeared only via an audio feed from the Utah County jail for Tuesday’s hearing. And he responded only once, when the judge asked if Robinson could hear the proceedings.
“Yes, I can, your honor,” he said.
Both prosecutors and Robinson’s defense team appeared but did not make arguments.
The next hearing in the case is set for March 13, where Robinson is expected to appear in person, as the prosecution and defense argue motions on classifying evidence.
A preliminary hearing is currently scheduled for May.
Graf urged on both sides to give the case priority and timeliness to ensure’s Robinson’s rights are protected. His chief aim, he said, is to “protect due process and public confidence in the integrity of these proceedings.”