A Utah judge ruled Friday that a prosecutor violated court orders in the murder case against the man accused of killing conservative activist Charlie Kirk, but stopped short of removing the death penalty despite the misconduct.

Prosecutor Found in Contempt

Judge Tony Graf held prosecutor Christopher Ballard in civil contempt for violating a pretrial publicity order when he spoke to media outlets about ballistics evidence this spring. Ballard, who also serves as spokesman for the Utah County Attorney’s Office, made statements to reporters about an inconclusive ballistics report that had been referenced in a defense filing. While attempting to clarify the report’s findings, Ballard also commented on the strength of the prosecution’s case against Tyler Robinson, the 23-year-old defendant.

Graf determined these statements crossed the line, saying they possessed a substantial likelihood of materially prejudicing the proceedings by communicating the prosecutor’s assessment of the defendant’s guilt. The judge’s pretrial publicity order, issued in September and amended in December, specifically prohibits parties from making public comments about the case except under limited circumstances.

Death Penalty Remains Despite Misconduct

Robinson’s defense team had requested the court prohibit prosecutors from seeking the death penalty as punishment for the contempt violation, but Graf rejected that remedy. The judge called the request too severe and said he would instead consider additional measures during jury selection to address potential effects on the jury pool. Defense attorneys will be allowed to recoup legal fees related to the contempt proceedings. Prosecutors had argued in written objections that removing the death penalty would be grossly disproportionate to the alleged misconduct.

Charges and Trial Ahead

Robinson faces charges of aggravated murder, felony use of a firearm, obstruction of justice, witness tampering, and committing a violent act in the presence of a child in connection with Kirk’s fatal shooting on a Utah college campus last September. The high-profile conservative activist’s death sent shockwaves through the political community. Robinson has not yet entered pleas to the charges. The controversial ballistics report at the center of the contempt ruling showed the Bureau of Alcohol, Tobacco, Firearms and Explosives was unable to identify the bullet recovered at autopsy to the rifle allegedly tied to Robinson, though prosecutors note the ATF also could not exclude the weapon.