Judge denies Tyler Robinson's lawyers' bid to remove prosecutors in Charlie Kirk shooting case
PROVO, UTAH: A Utah judge has declined to remove the Utah County Attorney’s Office from prosecuting Tyler Robinson, the 22-year-old accused of fatally shooting conservative activist Charlie Kirk last year.
Robinson’s defense team had sought to recuse the entire prosecutor’s office, arguing a potential conflict of interest after learning that a lead prosecutor’s child attended the event where the shooting occurred.
The court, on Tuesday, February 24 ruled that the child’s presence did not compromise the integrity of the case. The decision allows prosecutors to continue pursuing charges, including the death penalty, against Robinson.
Judge rejects Tyler Robinson's defense's request
Utah District Court Judge Tony Graf ruled that the presence of Deputy Utah County Attorney Chad Grunander’s child at the Turning Point USA event where Kirk was shot “did not materially influence” prosecutorial decisions.
During a two-day hearing earlier this year, Grunander testified that his 18-year-old, a student at Utah Valley University, attended the event but did not witness the shooting or see any suspects. He told the court that his child was not in the “zone of danger,” referencing a legal standard related to immediate risk of harm.
Asked whether his child’s presence affected his judgment in the case, Grunander responded, “No, not at all.”
He said the office disclosed the situation out of “an abundance of caution,” adding, “Don’t mistake our disclosure, my disclosure, our abundance of caution, our professionalism, integrity, to be a concession that we believe there’s merit to this alleged conflict.”
Utah County Attorney Jeffrey Gray appointed Grunander to help prosecute Robinson despite knowing about the child’s attendance.
Gray testified that he viewed the circumstance as “completely irrelevant” to decisions in the case, including the choice to seek capital punishment.
In his ruling, Graf said, “The court is unpersuaded that Mr Grunander’s relationship with (his child) creates an appearance of bias in this case.”
Defense attorney Richard Novak had argued that Gray took an “inappropriately casual approach” and that Grunander should have been removed from the case.
“The decision as to what charges to file, the decision as to whether or not to seek the death penalty, should never, ever have been made in consultation with Mr. Grunander,” Novak said.
Charlie Kirk's assassination and pending charges
Robinson has not yet entered pleas to multiple charges, including aggravated murder, felony discharge of a firearm, obstruction of justice and witness tampering.
Prosecutors have also filed victim-targeting enhancements and an aggravating factor alleging the offense was committed in the presence of a child.
He is scheduled to be arraigned after a preliminary hearing set to begin May 18 and expected to last three days.
According to investigators, Kirk was addressing a crowd of approximately 3,000 people on September 10 at Utah Valley University in Orem when Robinson allegedly fired a single shot from a building roughly 140 yards away. Kirk, 31, was struck and killed.
In a January court filing, Robinson’s attorneys argued that certain video evidence was irrelevant to their motion seeking to disqualify the prosecutor’s office and claimed its release would infringe on his right to a fair trial. Prosecutors are expected to outline their evidence in greater detail during the upcoming preliminary hearing.
