OREM, Utah – The murder case against Tyler Robinson, the man accused of killing conservative speaker Charlie Kirk, is already facing major legal hurdles, including questions about defense funding and whether the crime qualifies for the death penalty under Utah law. The case is being closely watched by both legal experts and the public.
Robinson, 22, is being held without bail at the Utah County Jail. Prosecutors claim he climbed onto a rooftop at Utah Valley University, shot Kirk from about 200 yards away, and fled before surrendering near his home in Washington, Utah. The murder has sparked intense media attention and public debate, particularly given Kirk’s prominent role in conservative media.
Defending Robinson is proving to be a complex task. Utah requires attorneys in death penalty cases to have prior trial and capital case experience, and at least two must be appointed. This level of commitment can consume a year or more of full-time work, forcing lawyers to set aside other clients and personal obligations. Legal experts have warned that such cases are resource-intensive and often place a strain on the legal system.
Utah criminal defense lawyer Randall Spencer, who has handled multiple capital cases, told Fox News Digital that representing someone in a case like this is a huge undertaking. ‘It really is a sacrifice for defense attorneys who take on this kind of work,’ he said. He emphasized the importance of experienced counsel and the significant time commitment required to handle such a case.
Spencer noted that counties typically pay far less than the true cost of such representation, and the work is often underfunded. If qualified local counsel can’t be found, the court can admit outside attorneys, though Spencer expects Utah will provide experienced in-state representation. However, experts warn that Utah’s system isn’t well-prepared to quickly handle a case of this scale.
Randolph Rice, a veteran attorney, said the current contract between Utah County and the Public Defender Association doesn’t cover the costs of hiring a death penalty lawyer and experts. This means separate contracts, ultimately leaving taxpayers to foot the bill. Even lower-cost cases require years of work and specialized experts, such as mental health evaluators and jury consultants. Rice warned that the lawyer has to ask: ‘Can I realistically set aside every other case to devote the thousands of hours this will take?’ He added that this is a case which will be all-consuming and will take up 24 hours a day for a long time.
Legal experts caution that pursuing capital punishment may not be straightforward. Utah law requires specific aggravating factors, such as killing a law enforcement officer or creating a great risk to others. Spencer said the defense will likely argue no one beyond Kirk was at risk, while prosecutors may rely on the ‘great risk to others’ theory, which could face significant challenges in court.
One major factor potentially shaping the outcome is the testimony of the victim’s widow, Erica Kirk, who has publicly offered forgiveness towards Robinson. Spencer noted that this position could influence how prosecutors proceed, as seen in similar cases where families’ voices led to life-without-parole deals. The emotional weight of the case has also placed a heavy burden on the victim’s family, with Spencer noting that death penalty cases are particularly taxing for the families of the deceased.
Defense attorneys also face heavy scrutiny in cases involving public figures, including media coverage, community outrage, and even threats. Rice emphasized that a lawyer must be prepared for the personal and professional toll of being in that spotlight. The pressure on defense teams is further compounded by the public interest and the media’s focus on the case.
Even if the death penalty is pursued, Spencer said the process could take years, with long appeals and significant emotional strain for everyone involved. Robinson is set to appear in Utah County court on Sept. 29 for a hearing to decide whether to challenge the evidence at a preliminary hearing or proceed directly to arraignment.
If the case advances, the court will determine probable cause before Robinson enters a plea. Experts suggest that, even if prosecutors pursue the death penalty, appeals and delays could stretch the case for years. More likely, Robinson could eventually agree to a plea deal to avoid trial. The legal process for capital cases is known to be lengthy and complex, with numerous stages that can prolong the timeline.
Utah Gov. Spencer Cox has said the state plans to seek the death penalty if the case moves forward to trial. President Donald Trump also weighed in, expressing hope that Robinson receives the death penalty if convicted. The political implications of the case, particularly within conservative circles, are significant, with both the governor and the president showing strong public support for the death penalty in this instance.