Judge Rejects Motion to Disqualify Prosecutors in Charlie Kirk Killing Case

The defense argued there was a conflict of interest due to a prosecutor's daughter being present during the shooting.

Published on Feb. 24, 2026

Got story updates? Submit your updates here. ›

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 the prosecutor's loyalty to his daughter would affect the case. Prosecutors plan to seek the death penalty against the 22-year-old suspect, Tyler Robinson, who has not yet entered a plea.

Why it matters

This case has drawn national attention due to Kirk's high-profile status as a conservative activist. The judge's decision to keep the prosecution team in place despite the defense's conflict of interest claims will allow the case to move forward, though the defense is still seeking to limit media access and the release of full video footage of the shooting.

The details

The defense had argued that prosecutors were quick to announce their intent to seek the death penalty, which they said was evidence of 'strong emotional reactions' that merited disqualifying the entire team. However, the judge ruled that 'prosecutors need not be immune to the emotional response of others to prosecute a case.' The judge also found that the prosecutor's daughter, who was in the audience during the shooting but did not witness it directly, did not factor into the decision to seek the death penalty.

  • On September 10, 2026, Charlie Kirk was shot and killed at a rally on the Utah Valley University campus in Orem.
  • On February 24, 2026, the judge rejected the defense's motion to disqualify prosecutors in the case.

The players

Tyler Robinson

A 22-year-old man charged with aggravated murder in the shooting of Charlie Kirk.

Chad Grunander

A deputy Utah County Attorney whose adult daughter was in the audience 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.

Tony Graf

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

Charlie Kirk

A conservative activist and co-founder of Turning Point USA who was killed at a rally in Utah.

Got photos? Submit your photos here. ›

What they’re saying

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

— Tony Graf, State District Judge (wkyt.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 (wkyt.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 case highlights the complexities of high-profile criminal trials, where prosecutors must balance emotional responses to the crime with ensuring a fair process for the accused. The judge's decision to keep the prosecution team in place, despite the defense's conflict of interest claims, allows the case to move forward, though the defense continues to seek limitations on media access and evidence presentation.