Judge Delays Setting Trial Date for Man Charged in Charlie Kirk Killing

A Utah judge ended a three-hour hearing on Friday without setting a trial date for Tyler Robinson, the 23-year-old man charged with aggravated murder in the September 2025 shooting death of conservative activist Charlie Kirk. Fourth District Judge Tony Graf said he will issue a scheduling ruling on Nov. 9.

Graf had told both sides ahead of time to come to the Oct. 23 pretrial conference in Provo ready to set a timeline for the case. According to the Deseret News, the judge said he had planned to rule from the bench but needed more time to weigh the information presented. “I am not going to run back into my office and type quickly and kick something out,” Graf said.

KSL reported that the judge said he wants trial dates in his November order but does not want “to set something that’s impossible.” Graf said he is concerned about the right to a speedy trial for both Robinson and the Kirk family. “I will always be concerned about Mr. Robinson’s constitutional rights,” he said, according to the Deseret News. “That’s my job.”

Three competing timelines

Robinson’s defense team asked for a trial in the third quarter of 2029. His lawyers told the court they need about three years to prepare for a trial they expect could run seven months, and they asked for a flexible date rather than a firm one. Defense attorney Staci Visser called setting a date now “premature.” “The reality is that rushing to trial does not lead to closure … it leads to mistakes,” Visser said, according to KSL.

Visser told the court the defense has 31,000 pieces of discovery and about 8 million files or artifacts to review. She estimated the team is roughly 25% of the way through and needs at least nine more months for that work alone.

The Utah County Attorney’s Office proposed a start date of Jan. 31, 2028, for a trial it expects to last about 17 weeks. Prosecutors said they could be ready as early as October 2027 but wanted to avoid the winter holidays, when seating and keeping a jury is harder. Deputy county attorney Chris Ballard argued that a death penalty case does not give the defense a right to more resources or different rules at every stage. Prosecutors have said they will seek the death penalty.

Erika Kirk, Charlie Kirk’s widow, filed a motion on Thursday asking for a trial as early as possible in 2027. Her lawyers called the defense timeline “grossly out of line” with other Utah murder cases. In court, her attorney, Jeffrey Neiman, pointed to the prosecution’s October 2027 readiness. “The state said they can be ready by October 4th, 2027,” Neiman said, according to Fox 13. “A well-resourced defense team — funded by the state of Utah — can too.”

Neiman told the judge that the couple’s children, who were 1 and 3 when their father died, will spend more time waiting for a trial than they spent with him. “If you set (trial), it will happen. Set it, please,” he said.

Trump weighs in

Before the hearing, President Donald Trump criticized the judge in a post on Truth Social. “The judge in the Charlie Kirk case is doing a terrible job! This case should be tried within a month, not three years,” Trump wrote. Graf was appointed to the bench last year by Republican Gov. Spencer Cox, NBC News reported.

What happens next

Both sides estimate that jury questionnaires will go to about 3,000 people. Graf asked the attorneys to send him their schedules for other trials so he can pick dates when everyone is available. The parties are due back in court on Nov. 9 at 1 p.m., though Fox 13 reported that a trial date may not be set even then.

Robinson was ordered in September to stand trial on seven counts tied to the Sept. 10, 2025, shooting at a Turning Point USA event at Utah Valley University. He has pleaded not guilty to all charges.