Prosecutors Say Evidence Sufficient for May Hearing in Kirk Murder Case

Defense seeks delay, but state argues preliminary hearing should proceed as scheduled.

Apr. 6, 2026 at 8:06pm

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An extreme close-up photograph of a single bullet casing against a pitch-black background, the harsh lighting and stark contrast creating a gritty, investigative aesthetic that conceptually represents the complex forensic evidence in the Charlie Kirk murder case.A forensic investigation into the ballistic evidence in the Charlie Kirk murder case exposes the complex legal challenges facing prosecutors.Provo Today

Prosecutors in the Tyler Robinson capital murder case say the defense has the same evidence they have and the preliminary hearing set for next month should not be continued. Robinson, 22, is charged with capital murder for the killing of Charlie Kirk, 31, on the campus of Utah Valley University in September 2025. The state contends the defense has had access to the majority of evidence for months and is ready to present its case at the scheduled May hearing.

Why it matters

This case has garnered significant public attention due to the high-profile nature of the victim and the potential for a death penalty sentence if Robinson is convicted. The outcome of the preliminary hearing will determine if the case proceeds to trial, making it a critical juncture in the legal proceedings.

The details

Prosecutors say they have provided the defense with approximately 100% of the discoverable material, including a witness list and 35 exhibits they intend to present. The state argues the defense has had access to most of this evidence for at least six months. While the defense claims it needs more time to review DNA, forensic, and ballistic evidence, the prosecution contends any delays are not due to the state's actions but rather the defense's own objections to certain investigative processes.

  • The preliminary hearing is currently scheduled for May 18, 19 and 21, 2026.
  • Robinson was charged with capital murder in September 2025 for the killing of Charlie Kirk.

The players

Tyler Robinson

A 22-year-old man charged with capital murder for the killing of Charlie Kirk on the Utah Valley University campus in September 2025.

Charlie Kirk

A 31-year-old man who was killed on the Utah Valley University campus in September 2025.

Utah County Attorney's Office

The prosecutors handling the case against Tyler Robinson.

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What they’re saying

“To be more precise, as of April 1, 2026, counsel for the state had provided approximately 100% of discoverable material in its possession to the defense. In other words, the defense has what the state has. And much of this discovery was presented long ago.”

— Utah County Attorney's Office, Prosecutors

“What (Robinson) neglects to mention is that the reason the FBI has not completed this second comparative analysis is that he objected to it. He can hardly complain that the test has not been conducted when he is the reason it has not been conducted.”

— Utah County Attorney's Office, Prosecutors

What’s next

The preliminary hearing is scheduled to take place on May 18, 19 and 21, 2026, where prosecutors will present their evidence to a judge to determine if there is sufficient probable cause for Robinson to stand trial.

The takeaway

This case highlights the complex legal process surrounding a high-profile murder charge, with the prosecution arguing the defense has had ample time to review the evidence, while the defense seeks more time to prepare. The outcome of the upcoming preliminary hearing will be a crucial milestone in determining the next steps in this ongoing legal battle.