A Utah judge found one of the prosecutors in the Charlie Kirk murder case in contempt on Friday for violating a gag order by making comments to the media about the forthcoming murder trial of Tyler Robinson, but he declined to remove the possibility of the death penalty for Robinson.
Robinson’s lawyers previously asked Judge Tony Graf to hold Deputy Utah County Attorney Christopher Ballard in civil contempt for comments he made to media outlets earlier this year, pushing back against claims that an ATF analysis of the bullet used to kill conservative activist Kirk exonerated Robinson. The ATF analysis of the bullet was inconclusive, meaning it did not rule out nor confirm a definitive match to Robinson’s rifle, something Ballard conveyed in his public statements. But Ballard had gone further, stating that prosecutors were confident they would prove Robinson was guilty. Although Graf ruled Friday that the second part of the statements Ballard gave violated a gag order he placed on both sides that generally bars them from discussing the case with the media, he did not take the death penalty off the table, which was the punishment Robinson’s lawyers wanted in response to the prosecutor’s public comments.
“Although Rule 3.6C permitted limited statements explaining the ATF report, Mr. Ballard’s additional statements concerning the strength of the state’s evidence and anticipated ability to overcome the presumption of innocence exceeded the scope of that exception and violated the court’s publicity order,” Graf said in his ruling Friday. “Mr. Ballard intentionally and volitionally made these extra judicial statements, fulfilling the required elements of civil contempt.”
Graf stated that the explanation Ballard gave to media outlets of what the ATF report said would have been permissible under the gag order, but that the problematic part of Ballard’s comments came in a statement to TMZ and other outlets in March when he discussed Robinson’s guilt.
“We have ample evidence to demonstrate beyond a reasonable doubt that Tyler Robinson committed this murder and we will present some of that evidence at the upcoming preliminary hearing — and then we will present all of that evidence at the trial,” Ballard told TMZ.
To remedy the violation of the gag order, Graf stated he would expand the jury pool for the upcoming trial and consider additional jury questionnaires, among other measures, to address concerns about a tainted jury pool because of the comments. He further ruled that taking the death penalty off the table would be a disproportionate punishment and would not accomplish the goal of future compliance with the gag order.
“Such an act would cross the threshold into criminal contempt sanctions and would also risk an improper judicial intrusion into the executive branch’s prosecutorial discretion. Civil contempt sanctions must be remedial, tailored to cure the prejudice caused by the violation, or designed to coerce future compliance,” Graf said. “The court finds that striking the death penalty is grossly disproportionate to the misconduct and legally unavailable in this civil contempt framework.”
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During the trial, Robinson will face multiple charges for his alleged assassination of Kirk on the Utah Valley University campus in September 2025. The maximum punishment for the charges against Robinson includes the death penalty, which prosecutors have said they intend to pursue. The preliminary hearing ahead of the murder trial is scheduled for July 6 to 10.
Robinson’s trial is expected to be one of the most closely watched criminal cases of the year, after the public killing of Kirk sent shockwaves through politics last year. Authorities say Robinson had claimed Kirk spread “too much hate,” and that his family said Robinson had espoused increasingly left-wing views, including on transgender ideology, in recent years.