Print
Close
Tyler Robinson prosecutors say defense fueled viral misinformation in Charlie Kirk assassination case
By Michael Ruiz
Published May 01, 2026
Utah prosecutors are accusing Tyler Robinson's defense team of misleading the public in court filings before attempting to have authorities sanctioned for trying to "set the record straight."
In an ironic twist, prosecutors also noted the defense's claim had gone viral after being picked up in the media.
Robinson's lawyers have previously complained coverage of the case put his right to a fair trial at risk and have a pending motion to have news cameras barred from future court proceedings.
ERIKA KIRK SAYS SHE DOESN'T WANT TO BE THE ONE TO DECIDE IF HUSBAND'S KILLER GETS DEATH PENALTY
Tyler Robinson is accused of fatally shooting Turning Point USA founder Charlie Kirk at a public speaking event at Utah Valley University in September. (Bethany Baker/Pool via REUTERS, Trent Nelson/The Salt Lake Tribune/Getty Images)
Deputy Utah County Attorney Christopher Ballard's motion came in response to a defense push to have prosecutors sanctioned for speaking on the issue outside of the courtroom.
He argued that prosecutors have done nothing wrong because while court rules, like Utah Rule of Professional Conduct 3.6(c), and a gag order limit what can be said about the case, they allow attorneys on both sides to "set the record straight."
Read the filing:
Robinson's defense lawyers, in a court filing, asserted that "the ATF was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Mr. Robinson."
The claim, which Ballard described as misleading and "misstated," generated millions of views from just one report — and inspired additional coverage in local and national media, the prosecutor wrote.
It also fanned the flames of unverified claims that other people could have been responsible for Kirk's murder.
Tyler Robinson points while seated next to defense attorney Kathryn Nester during a hearing in 4th District Court in Provo on Jan. 16, 2026. Robinson is accused in the fatal shooting of Charlie Kirk. (Bethany Baker/The Salt Lake Tribune)
But the defense left out a crucial piece of context, according to Ballard.
"The ATF was unable to identify or exclude the bullet as having been fired from the rifle," he wrote, emphasizing the missing information in italics.
"Defendant reinforced this misleading inference by following it up with, 'the defense may very well decide to offer the testimony of the ATF firearm analyst as exculpatory evidence,'" he added.
Prosecutors Jeffrey S. Gray and Ryan McBride stand outside Utah County District Court in Provo, Utah, on Oct. 24, 2025. They are prosecuting Tyler Robinson, the suspect in the assassination of Charlie Kirk. (Alec Thornock/Fox News Digital)
In response, members of the prosecution team attempted to provide more context in public interviews, explaining the ATF's conclusions while noting the defendant was innocent until proven guilty, Ballard wrote.
Judge Tony Graf Jr. eventually unsealed the ATF report in order to give the public direct access to the source material.
FOLLOW THE FOX TRUE CRIME TEAM ON X
Ballard asked the judge to deny the defense motion and their request to have prosecutors turn over internal communications, which he argued are privileged work products.
Attorney Richard Novak speaks during a hearing for Tyler Robinson, accused in the fatal shooting of conservative activist Charlie Kirk, in 4th District Court in Provo, Utah, on March 13, 2026. (Laura Seitz/Deseret News)
If the prosecution's public statements are the issue, the defense already has them, he noted.
SIGN UP TO GET TRUE CRIME NEWSLETTER
An appendix to the ATF report explained that "inconclusive" findings mean that it was "an examiner's opinion that there is an insufficient quality and/or quantity of individual characteristics to identify or exclude."
Experts have told Fox News Digital that it's not unusual for a bullet to disintegrate on impact, making ballistic identification unlikely.
Defense attorneys Richard G. Novak, Michael N. Burt, and Kathryn Nester represent Tyler Robinson at a waiver hearing in Utah County Court in Provo, Utah, on Sept. 29, 2025. Robinson is accused of killing Charlie Kirk at Utah Valley University. (Laura Seitz/The Deseret News)
However, prosecutors have recovered a spent casing that is both consistent with the bullet and the alleged murder weapon.
Shortly before Kirk's assassination, Robinson allegedly climbed to a rooftop across the courtyard from where Kirk was speaking and fired a single shot from his grandfather's Mauser rifle.
LISTEN TO THE NEW 'CRIME & JUSTICE WITH DONNA ROTUNNO' PODCAST
Gruesome video shows the bullet struck Kirk in the neck in front of a crowd of roughly 3,000 people. He died from the injury.
Charlie Kirk, founder of Turning Point USA, was shot and killed during his "American Comeback Tour" appearance at Utah Valley University in Orem, Utah, on Sept. 10, 2025. (Trent Nelson/The Salt Lake Tribune/Getty Images)
Prosecutors have said campus police found marks left behind on the gravel rooftop moments after the shooting "consistent with a sniper having lain [there] — impressions in the gravel potentially left by the elbows, knees and feet of a person in a prone shooting position."
LIKE WHAT YOU'RE READING? FIND MORE ON THE TRUE CRIME HUB
Police recovered the rifle wrapped in a blanket in a patch of woods near campus. And prosecutors have said that text messages between Robinson and his romantic partner, Lance Twiggs, allegedly discuss wanting to retrieve the rifle.
"Stuck in Orem for a little while longer yet," Robinson allegedly wrote in the hours after the murder. "Shouldn't be long until I can come home, but I gotta grab my rifle still."
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
Twiggs is cooperating with investigators and has not been charged with a crime.
Robinson could face the death penalty if convicted of the top charge against him, aggravated murder.
https://www.foxnews.com/us/tyler-robinson-prosecutors-say-defense-fueled-viral-misinformation-charlie-kirk-assassination-case