PROVO, Utah, Dec. 19, 2025 (Gephardt Daily) — Attorneys for Tyler James Robinson, the Utah man charged in the fatal shooting of activist Charlie Kirk at Utah Valley University, have asked a judge to remove the Utah County Attorney’s Office from the case, arguing there’s a conflict of interest involving a senior prosecutor whose close family member witnessed the killing.
In a motion filed this week in 4th District Court, defense lawyers contend that a lead attorney in the Utah County Attorney’s Office received real-time text messages from a close relative who was present at the Sept. 10, 2025 shooting and shared those messages with other prosecutors, including County Attorney Jeffrey Gray.
The defense argues that the communications — describing the terrifying moments after Kirk was shot — created not only a personal conflict for the attorney involved but also a broader risk of bias throughout the DA’s office.
“Injecting a personal family interest into a capital prosecution creates a substantial risk that prosecutorial judgment has been, or will be, materially affected,” defense attorneys wrote. They asked the court to disqualify the entire Utah County Attorney’s Office and appoint an independent prosecutor.
Pool Photo: Tyler Robinson seen during his first in-person court appearance, Dec. 11, 2025.
Robinson, 22, is charged with aggravated murder in the shooting death of Kirk, the founder of Turning Point USA, during a campus appearance in Orem. Prosecutors have said they intend to seek the death penalty.
According to the defense filing, the prosecutor’s family member was about 85 feet from Kirk when the shooting occurred and sent multiple text messages describing the chaos, including reports that Kirk had been shot in the neck. The attorney allegedly shared those messages with Gray while the two were attending an unrelated event in another county and later discussed the situation with other members of the DA’s office.
Defense lawyers argue that no screening or “ethical wall” was put in place after the potential conflict became known and that the attorney remained in a supervisory role on the case. They say that failure, combined with the gravity of a death penalty prosecution, undermines Robinson’s constitutional right to due process.
“The perception of fairness is just as important as the reality,” the motion states, citing Utah and federal case law requiring prosecutors to remain disinterested and free from personal involvement in cases they pursue.
The filing also points to the county attorney’s decision to announce plans to seek the death penalty less than a week after the shooting, during a high-profile press conference, implying that emotions may have influenced prosecutorial decisions.
Prosecutors have previously indicated the family member will not be called as a witness and have disputed the claim that the circumstances require disqualification.
Judge Tony F. Graf Jr. is scheduled to hear arguments on the issue during a previously set hearing on Jan. 16.
Law enforcement officers at the scene of Charlie Kirk’s assassination on the Utah Valley University campus in Orem, Utah, Sept. 10, 2025. Photo: Gephardt Daily/Romy Colvin
