Tyler Robinson, charged in the fatal shooting of Charlie Kirk, speaks with defense attorney Staci Visser as he sits during a preliminary hearing in 4th District Court Tuesday in Provo, Utah. Oral arguments began to decide whether there is probable cause to justify a murder trial for Tyler Robinson, who is accused of killing conservative activist Charlie Kirk. (Francisco Kjolseth – pool / Getty Images)
By Joe Saunders September 1, 2026 at 2:48pm
On the day of closing arguments in a hearing on whether the alleged assassin of Charlie Kirk will face a charge that could mean the death penalty, reporters described starkly different images of its principal figures.
Erika Kirk, the widow of the conservative activist and organizer, briefly cradled her head in her hands as the judge discussed still images of her husband’s last moments, according to CNN.
Her husband’s accused killer wasn’t nearly as solemn before the proceedings began, according to a local news reporter, though the day could end with him on trial for his life.
Tyler Robinson, the man authorities say gunned Charlie Kirk down on the campus of Utah Valley University on Sept. 10, 2025, was talking to his defense attorneys and “was seen laughing and joking with them before the judge entered the courtroom,” according to Heidi Hutch, an anchor and reporter for KUTV-TV in Salt Lake City.
A few reporter notes from court today — the final day of the preliminary hearing for Tyler Robinson, who is accused in the assassination of Charlie Kirk:
Robinson’s family is sitting in the front row of the courtroom today.
Erika Kirk is back in court, seated with Charlie Kirk’s… pic.twitter.com/Ep8IbFc7Ck— Heidi Hatch KUTV (@tvheidihatch) September 1, 2026
CNN reported a far tamer version of Robinson’s behavior, noting simply that he “was seen cracking a smile, a departure from his otherwise impassive nature throughout the hearings.”
Fox, meanwhile, described the behavior as somewhere in between.
“Before proceedings began, Robinson spoke with defense attorneys Scott Novak and Staci Visser, and the group was seen smiling,” Fox News reported.
Considering this is a man who is facing a trial that could end in the death penalty, levity of any kind is noteworthy. However, it wouldn’t be the first time Robinson was spotted cutting up in court. He was also seen laughing at his first court appearance in December, as well as when the preliminary hearing began in July.
Suspected Charlie Kirk assassin Tyler Robinson seen smirking, laughing in his first public court appearance. pic.twitter.com/4MXrWSoAlB
— johnny maga (@johnnymaga) December 11, 2025
According to prosecutors, Robinson admitted to his male transgender lover that he fired a high-powered rifle at Charlie Kirk as Kirk spoke on a crowded stage before a campus gathering.
The presence of others in the area of the intended victim of the shooting is a factor that makes the charge “aggravated murder,” the charge that makes a defendant eligible for the death penalty, KSL-TV in Salt Lake City noted in August.
So Judge Tony Graf’s decision after the preliminary hearing about whether Robinson will face trial on “aggravated murder” will be crucial in any potential punishment if he is convicted.
Robinson’s attorney, Staci Visser, used Tuesday’s closing to hammer home the defense case that the circumstances of the shooting did not meet the “aggravated murder” standard.
Should Tyler Robinson receive the death penalty if convicted?
“She said the alleged shooter did not reload, fire again, point the rifle at anyone else or threaten anyone else, and argued that no one stood behind Kirk when the shot was fired,” according to Fox.
In another post on X, Hutch reported that Graf’s decision could come as soon about 5:30 p.m. Tuesday, Mountain Daylight Time. (About 7:30 p.m. EDT.)
It’s 12:20 p.m. on the final day of the preliminary hearing for Tyler Robinson, and little has been accomplished so far. The judge will decide before end of day if the trial will be bound over in the assassination of Charlie Kirk.
The judge ruled cameras can remain in the… pic.twitter.com/uPonzZGblX
— Heidi Hatch KUTV (@tvheidihatch) September 1, 2026
Erika Kirk attended the hearing accompanied by her late husband’s parents, according to CNN.
Kirk family friends and associates, including Charlie Kirk’s producer Andrew Kolvett and Kathryn Adams Limbaugh, the widow of the late conservative radio icon Rush Limbaugh, were also in attendance, Hatch reported.
In an X post, Tyler Bowen, chief executive officer of Turning Point USA, the organization Charlie Kirk founded, asked supporters of Erika Kirk outside the courtroom to keep her in their thoughts.
Please pray for Erika Kirk today, their 2 children & for Charlie’s parents & sister who have to live with the terror of his murder every day.
Today is one of the most visible days, but every day is a day that small kids don’t have their dad, parents don’t have their son and a…
— Tyler Bowyer (@tylerbowyer) September 1, 2026
“Please pray for Erika Kirk today, their 2 children & for Charlie’s parents & sister who have to live with the terror of his murder every day,” he wrote.
“Today is one of the most visible days, but every day is a day that small kids don’t have their dad, parents don’t have their son and a wife doesn’t have her companion.”
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Joe has spent more than 30 years as a reporter, copy editor and metro desk editor in newsrooms in Pennsylvania, West Virginia and Florida. He’s been with Liftable Media since 2015.
Joe has spent more than 30 years as a reporter, copy editor and metro editor in newsrooms in Pennsylvania, West Virginia and Florida. He’s been with Liftable Media since 2015. Largely a product of Catholic schools, who discovered Ayn Rand in college, Joe is a lifelong newspaperman who learned enough about the trade to be skeptical of every word ever written. He was also lucky enough to have a job that didn’t need a printing press to do it.
Birthplace
Philadelphia
Nationality
American
