Utah judge rejects bid to disqualify prosecutors in Charlie Kirk case

By Andrew Hay

Feb 24 (Reuters) – A Utah judge on Tuesday rejected a bid by lawyers for the alleged killer of conservative activist Charlie Kirk to disqualify a team of prosecutors that included a lawyer whose daughter had witnessed the killing as the victim spoke on a stage.

The decision by District Court Judge Tony Graf was in response to a challenge by defense lawyers for Tyler Robinson, who contended that prosecutors from the Utah County Attorney’s Office were biased as the 18-year-old daughter of one of the attorneys witnessed Kirk’s killing on September 10.

Robinson’s attorneys said the prosecutors’ decision to seek the death penalty less than a week later showed a “strong emotional reaction” from Chad Grunander, a senior prosecutor at the county attorney’s office whose daughter alerted him to the murder in a string of text messages.

Grunander testified that his daughter’s presence at the shooting did not play any role in Utah County Attorney Jeffrey Gray’s decision to seek the death penalty.

In a decision issued from the bench and livestreamed, Graf said Gray decided to seek the death penalty for Robinson after consulting with his prosecution team, which included Grunander. He said the ultimate charging decision rested solely with Gray and was based on evidence against Robinson.  

“His (Gray’s) decision to seek the death penalty was based upon his assessment that the death penalty is appropriate,” Graf said in his verbal ruling. “His (Grunander’s) daughter’s presence at the rally did not materially influence Mr. Gray’s decision-making,” the judge said, adding that the decision to seek the death penalty was “supported by credible testimony.”

Robinson, 22, was studying to be an electrician. He is accused of firing a single round from a rooftop that struck down Kirk as he debated students at Utah Valley University in Orem during a tour of U.S. colleges. 

Kirk was credited with mobilizing young voters who helped President Donald Trump win the 2024 election. His assassination on stage in front of hundreds of onlookers was a stunning public display of mounting political violence in the U.S.

Robinson is charged with aggravated murder, witness tampering and obstruction of justice. He will not enter a plea until after a preliminary hearing, tentatively scheduled for mid-May.

(Reporting by Andrew Hay in Taos, New Mexico; editing by Donna Bryson and David Gregorio)