Utah Judge Rejects Motion to Disqualify Prosecutors in Charlie Kirk Killing Case

The judge ruled there is no significant risk of conflict of interest despite a prosecutor's daughter being present at the shooting.

Published on Feb. 24, 2026

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A Utah judge has declined to disqualify the local county attorney's office from prosecuting the accused shooter in conservative activist Charlie Kirk's killing. The defense argued there was a conflict of interest because a prosecutor's daughter was present when Kirk was shot, but the judge ruled there was not a significant risk that would affect the case.

Why it matters

The ruling keeps the prosecution team in place as they seek the death penalty against the accused shooter, Tyler Robinson. The defense had argued the prosecutors' emotional response to the high-profile killing could undermine Robinson's right to a fair trial.

The details

The defense urged the judge to remove the Utah County Attorney's Office because they allowed a deputy county attorney, Chad Grunander, to work on the case despite knowing that his adult daughter was in the audience when Kirk was shot. The defense also argued prosecutors were too quick to announce their intent to seek the death penalty. However, the judge ruled there was 'not a significant risk' that Grunander's loyalty to his daughter would affect his work or interfere with Robinson's rights.

  • On September 10, 2025, Charlie Kirk was shot and killed while speaking at an outdoor rally at Utah Valley University in Orem.
  • In January 2026, Tyler Robinson, the 22-year-old accused shooter, had not yet entered a plea.
  • On February 24, 2026, the judge ruled against the defense's motion to disqualify the prosecutors.

The players

Tyler Robinson

The 22-year-old man accused of fatally shooting Charlie Kirk. He is charged with aggravated murder and prosecutors plan to seek the death penalty against him.

Chad Grunander

A deputy Utah County Attorney who was allowed to work on the case despite his adult daughter being present when Kirk was shot.

Jeffrey Gray

The Utah County Attorney who testified that he thought about seeking the death penalty before an arrest had been made in the case, and said his colleague's daughter in no way influenced that decision.

Tony Graf

The state district judge who ruled against disqualifying the prosecutors, finding there was 'not a significant risk' that Grunander's loyalty to his daughter would affect the case.

Charlie Kirk

The conservative activist who was shot and killed while speaking at an outdoor rally at Utah Valley University in Orem.

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What they’re saying

“Prosecutors need not be immune to the emotional response of others to prosecute a case.”

— Tony Graf, State District Judge (mysanantonio.com)

“Chad Grunander's daughter is not going to be a witness. She didn't actually see Mr. Kirk killed. She was facing away.”

— Robert Church, Director of Utah Prosecution Council (mysanantonio.com)

What’s next

The judge has been weighing other issues of fairness for Robinson, including whether to allow full video recordings of Kirk's shooting to be shown in court and whether to keep TV cameras and photographers out of the courtroom.

The takeaway

This ruling keeps the prosecution team in place as they seek the death penalty against the accused shooter, Tyler Robinson. However, the defense continues to argue that the emotional nature of the high-profile killing could undermine Robinson's right to a fair trial, raising ongoing questions about balancing public access and a defendant's rights.