Prosecutors are urging a judge to deny accused Charlie Kirk killer Tyler Robinson’s bid to disqualify a prosecutor, arguing there is no conflict of interest.
In a lengthy 33-page filing, filed under seal earlier this month and now released in redacted form, the state argues that the deputy prosecutor at the center of Robinson’s motion has no personal conflict, despite the fact that his 18-year-old child was in the crowd when Kirk was killed during a Turning Point USA event at Utah Valley University on September 10, 2025.
Prosecutors say the child was one of “thousands of other witnesses” and had no personal knowledge of the actual killing, never saw the shooting and never saw a gun.
The files include text messages exchanged between the accuser and his child in the minutes after the shooting, which prosecutors say underscore the lack of firsthand knowledge.
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In the messages, the child initially texts, “SOMEONE IS SHOT,” then reassures family members, “I’m fine, everyone’s going inside.” Only later, after hearing information from others, did the teen text “CHARLIE GOT SHOT,” followed by messages sharing what “people were saying” about where Kirk was hit and where the shooter may have been positioned.
Prosecutors argue the texts reflect confusion and second-hand information — and not emotional trauma or direct involvement that could improperly influence prosecutorial decision-making.
Read the submit here:
The filing further indicates that the child was approximately 80 feet away, had no line of sight with the shooter due to buildings blocking the view, and fled the area after hearing what sounded like a loud “bang.”
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The crowd reacts after Charlie Kirk, the CEO and co-founder of conservative youth organization Turning Point USA, is shot at Utah Valley University in Orem, Utah, on Wednesday, September 10, 2025. (Tess Crowley/The Deseret News via AP)
In an affidavit, the child described being scared at the time but suffering no lasting trauma, not requiring supervision and quickly returning to normal school and work activities.
Robinson’s request also points to the prosecutor’s decision to seek the death penalty on the same day the charges were filed, arguing that it reflects bias or hasty judgment.
Prosecutors reject that claim, saying the decision was based on the strength of the evidence, Utah law and a desire to curb speculation and misinformation in a case that immediately attracted national and international attention.
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Charlie Kirk speaks before he is killed during Turning Point’s visit to Utah Valley University in Orem, Utah on September 10, 2025. (Tess Crowley/The Deseret News via AP)
Kirk, the founder of Turning Point USA, was fatally shot while answering a question during the outdoor forum attended by about 3,000 people. Robinson is charged with aggravated murder and faces the death penalty if convicted.
Defense attorneys argue that while the trauma of the shooting is undeniable, the neutrality of the prosecution becomes even more important — not less. They argue that the presence of a complainant’s family member at the event creates an unacceptable risk of decisions being influenced by emotions rather than evidence.
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A judge will hear arguments on the motion on Friday, January 16. If the court grants Robinson’s request, the entire Utah County Prosecutor’s Office could be removed from the case, forcing the appointment of a special prosecutor and potentially delaying the trial proceedings — including the state’s pursuit of the death penalty.
Lee Ross and Michael Ruiz of Fox News contributed to this report.
Stepheny Price covers crime including missing persons, murders and migrant crime. Send story tips to stepheny.price@fox.com.
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