A Utah judge is expected to rule Tuesday whether there is sufficient evidence to try the man accused of assassinating conservative activist Charlie Kirk and whether prosecutors can seek the death penalty.

Fourth District Judge Tony Graf will decide after closing arguments in Provo whether probable cause exists to bind over 23-year-old Tyler Robinson for trial on aggravated murder and related charges. Robinson is accused of fatally shooting Kirk on September 10, 2025, during a Turning Point USA event at Utah Valley University in Orem.

Prosecutors presented evidence during a five-day preliminary hearing in July that included DNA results allegedly linking Robinson to the murder weapon, surveillance footage, witness testimony, and statements from associates. They described the evidence as overwhelming and argued Robinson targeted Kirk due to his political views.

Robinson turned himself in the day after the shooting. He has not yet entered a plea. Defense attorneys have challenged the strength of the DNA evidence and questioned whether investigators adequately pursued leads pointing to others.

The aggravated murder charge, which alleges the shooting endangered others at the event, carries the potential for the death penalty under Utah law. Kirk, 31, was a prominent conservative figure and co-founder of Turning Point USA.

Kirk's widow, Erika Kirk, attended the July hearing and was expected at Tuesday's proceeding. If the judge finds probable cause, an arraignment could follow where Robinson would enter a plea.

The decision comes nearly a year after the killing of one of the right's most visible voices on college campuses.