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Prosecutors are urging a judge to deny accused Charlie Kirk assassin Tyler Robinson’s bid to disqualify a prosecutor, arguing there is no conflict of interest.
In a sweeping 33-page filing, submitted under seal earlier this month and now released in redacted form, the state argues the deputy prosecutor at the center of Robinson’s motion has no personal conflict despite the fact that his 18-year-old child was in the crowd when Kirk was assassinated at a Turning Point USA event at Utah Valley University on Sept. 10, 2025.
Prosecutors say the child was one of “thousands of other witnesses” and had no personal knowledge of the actual murder, never saw the shooting, and never saw a weapon.
The filing includes text messages exchanged between the prosecutor and his child in the minutes after the shooting, which prosecutors argue underscore that lack of firsthand knowledge.
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Charlie Kirk appears at Utah Valley University Sept. 10, 2025 in Orem, Utah. Kirk, founder of Turning Point USA, was speaking at his “American Comeback Tour” when he was shot in the neck and killed. (Trent Nelson/The Salt Lake Tribune/Getty Images)
In the messages, the child initially texts, “SOMEONE GOT SHOT,” and reassures family members, “I’m okay, everyone is going inside.” Only later, after hearing information from others, does the teenager text, “CHARLIE GOT SHOT,” followed by messages relaying what “people were saying” about where Kirk was hit and where the shooter may have been positioned.
Prosecutors argue the texts reflect confusion and secondhand information — not emotional trauma or direct involvement that could improperly influence prosecutorial decision-making.
Read the filing here:
The filing further details that the child was roughly 85 feet away, had no line of sight to the shooter due to buildings blocking the view, and fled the area after hearing what sounded like a loud “pop.”
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The crowd reacts after Charlie Kirk, the CEO and co-founder of the conservative youth organization Turning Point USA, is shot at Utah Valley University Wednesday, Sept. 10, 2025, in Orem, Utah. (Tess Crowley/The Deseret News via AP)
In a sworn affidavit, the child described being scared in the moment but suffered no lasting trauma, required no 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 on the same day charges were filed, arguing it reflects bias or a rush to judgment.
Prosecutors reject that claim, saying the decision was based on the strength of the evidence, Utah law and a desire to curb speculation and misinformation in a case that immediately drew 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 Sept. 10, 2025. (Tess Crowley/The Deseret News via AP)
Kirk, the founder of Turning Point USA, was fatally shot while answering a question during the outdoor forum attended by roughly 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 neutrality even more essential — not less. They contend the presence of a prosecutor’s family member at the event creates an unacceptable risk that decisions could be influenced by emotion rather than evidence.
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A judge is scheduled to hear arguments on the motion Friday, Jan. 16. If the court grants Robinson’s request, the entire Utah County Attorney’s Office could be removed from the case, forcing the appointment of a special prosecutor and potentially delaying trial proceedings — including the state’s pursuit of the death penalty.
Fox News’ Lee Ross and Michael Ruiz contributed to this report.
Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to stepheny.price@fox.com.