Judge holds Utah prosecutor in contempt, keeps death penalty option in Tyler Robinson case

Utah District Judge Tony Graf held Deputy Utah County Attorney Christopher Ballard in contempt on June 26, 2026, after finding that Ballard violated a pretrial publicity order by speaking to the media about the Tyler Robinson case. Graf stopped short of granting the defense’s requested remedy and left the death penalty available.

Robinson, 23, remains facing capital punishment in the aggravated murder case tied to the Sept. 10, 2025 shooting of Charlie Kirk at Utah Valley University in Orem, Utah. Prosecutors intend to seek the death penalty if Robinson is convicted.

Graf found Ballard’s comments about Robinson’s guilt and the strength of the state’s case went beyond what the court had allowed and created a substantial likelihood of materially prejudicing the proceedings. The contested remarks were made to TMZ, USA Today, PolitiFact and Fox News. Ballard said he was trying to correct misinformation circulating in the press, including coverage of an ATF bullet-fragment issue the defense raised in a filing.

The defense argued that the prosecutor’s public statements were an attempt to influence the jury pool and asked Graf to take the death penalty off the table. Prosecutors responded that they were answering speculation and conspiracy theories that had spread around the case and the ballistics evidence.

Criminal law expert Paul Cassell said it would be extraordinary for Graf to bar the death penalty as a sanction. Ballard was held in contempt.