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.

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

Defence 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.

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 and occasionally consulting with his lawyers, 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, were also at the hearing.

Closing arguments followed a nearly week-long 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 on Tuesday, outlining video that he said showed Robinson “dressed to kill” on campus on the day of the shooting.

“We know that the defendant is the shooter… first, because of the video evidence; second, because of the DNA; third, because of his admissions; and fourth, because of circumstantial evidence,” McBride said.

Prosecutors said Robinson was in a relationship with Twiggs and regarded Kirk’s conservative views, particularly on transgender issues, as “repugnant” – which they argued was the motive.

On Tuesday, prosecutors also outlined “aggravating” factors – accusing the defendant of “gambling with the lives of others” when he allegedly fired towards Kirk, who was surrounded by other people.

“He was playing, in effect, a game of ballistic roulette,” prosecutor Chad Grunander said.

“It’s been 356 days since Tyler Robinson assassinated Charlie Kirk,” Grunander added. “It’s time for him, the defendant, to be bound over for trial and arraigned. Today.”

Defence lawyers attempted to sow doubt about the prosecution’s evidence.

During July’s hearing, they raised questions about procedure and the credentials of experts who testified. Robinson’s lawyers have repeatedly objected to cameras livestreaming court proceedings.

Graf again listened to arguments on the issue during a sealed hearing on Tuesday morning before closing arguments began – but he ruled in favour of transparency in a case that has sparked countless conspiracy theories.

On Tuesday, the defence sought to downplay the aggravating factors outlined by prosecutors – arguing that only Kirk was shot, and no other bullets hit the crowd.

The court heard and saw during July’s protracted hearing how the accused allegedly scouted the campus repeatedly on the day Kirk was shot – interacting with TPUSA members and eating Chick-fil-A before returning in different clothes.

The new outfit included “long pants to obscure the rifle he had concealed down his pants”, McBride said on Tuesday.

According to prosecutors’ evidence presented during the July hearing, Robinson’s DNA was found on his grandfather’s rifle stashed in a wooden area near campus after the shooting, as well as on a towel it was wrapped in and a screwdriver recovered at the scene.

McBride also told the court on Tuesday that engravings found on casings from the shooting allegedly matched a Dremel tool recovered at the home the defendant shared with his roommate.

Twiggs’ videotaped interview with prosecutors was played in July during the hearing. Robinson’s roommate testified that the defendant had confessed to the shooting, cried and said he wished he hadn’t done it.

Robinson, in the company of his family and a neighbour, turned himself in the day after the murder.

He is next due in court on 23 October, when a trial date is expected to be set.