Accused Charlie Kirk shooter challenges prosecutor conflict

Prosecutors are asking the judge to reject accused Charlie Kirk assassin Tyler Robinson’s bid to disqualify the prosecutor, arguing he has no conflict of interest.

In a sweeping 33-page brief filed under seal earlier this month and now released in redacted form, the state argues that the assistant prosecutor at the center of Robinson’s motion had no personal conflict with Kirk, even though his 18-year-old child was in the crowd when he was assassinated at a Turning Point USA event at Utah Valley University on Sept. 10, 2025.

Prosecutors said the boy was one of “thousands of other witnesses” and had no personal knowledge of the murder, never saw the shooting and never saw a gun.

The filing includes text messages shared between the prosecutor and her child in the minutes following the shooting, which prosecutors argue underscores a lack of firsthand information.

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In the messages, the child first texts the message “SOMEONE WAS SHOT” and reassures family members by saying “I’m fine, everyone is getting in.” But then, after hearing information from others, the teen texts, “CHARLIE WAS SHOT,” followed by messages quoting “what people are saying” about where Kirk was shot and where the shooter might have been positioned.

Prosecutors argue the texts reflect confusion and secondhand information, not emotional trauma or direct intervention that could inappropriately influence prosecutorial decision-making.

Read filing here:

The file details that the boy was about 25 meters away, could not see the shooter due to buildings obstructing his view, and fled the area after hearing a loud “pop” sound.

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Crowd reacts after Charlie Kirk, CEO and co-founder of conservative youth organization Turning Point USA, was shot at Utah Valley University in Orem, Utah, on Wednesday, September 10, 2025. (Tess Crowley/The Desert News via AP)

In the affidavit, the boy said he was scared at the time but did not experience any lasting trauma, did not require any counseling, and quickly returned to normal school and work activities.

Robinson’s motion also points to the prosecution’s decision to seek the death penalty the day the charges were filed; suggests that this reflects bias or haste to judgment.

Prosecutors reject that claim, saying the decision was based on the strength of the evidence, Utah law and a desire to prevent speculation and misinformation in a case that immediately attracted both national and international attention.

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Charlie Kirk speaks before he is assassinated during Turning Point’s visit to Utah Valley University in Orem, Utah, on September 10, 2025. (Tess Crowley/The Desert News via AP)

Kirk, the founder of Turning Point USA, was shot and killed while answering a question at an open-air forum attended by nearly 3,000 people. Robinson is charged with aggravated murder and faces the possibility of the death penalty if convicted.

Defense attorneys argue that while the trauma of the shooting is undeniable, it makes prosecutorial impartiality more important, not less. They argue that the presence of a prosecutor’s family member at the event creates an unacceptable risk that decisions may be influenced by emotion rather than evidence.

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A judge is scheduled to hear arguments on the motion on Friday, Jan. 16. If the court grants Robinson’s request, the entire Utah County District Attorney’s Office could be removed from the case, forcing the appointment of a special prosecutor and possibly delaying the trial, including the state’s death penalty request.

Fox News’ Lee Ross and Michael Ruiz contributed to this report.

Stepheny Price covers crimes including missing persons, murders and immigration crime. Send story tips to stepheny.price@fox.com.