Death Penalty Cases require specialized defenses: Here’s what that means for Tyler Robinson

SALT LAKE CITY (ABC4) — Utah County prosecutors will seek the death penalty against 22-year-old Tyler Robinson, who was charged Tuesday with the murder of conservative activist Charlie Kirk.

The decision comes just days after Governor Spencer Cox publicly showed his support for the death penalty in response to the assassination. In a press conference earlier this week, Governor Spencer Cox said, “I just want to remind people we still have the death penalty in the state of Utah.”

Utah County Attorney Jeff Gray formally confirmed on Tuesday that his office intends to pursue the death penalty.

“I do not take this decision lightly,” Gray stated. “It is a decision made independently based on the circumstances, evidence, and nature of the crime.”

As the case proceeds, Robinson’s legal representation must meet specific qualifications required for capital cases.

During Robinson’s initial court appearance in Utah’s Fourth District Court, Judge Tony Graff informed the defendant of his right to an attorney. However, in cases where the state is seeking the death penalty, not just any attorney will suffice.

Craig Stanger, a criminal defense lawyer at Stowell Crayk, explained that getting a lawyer in this case will take some time.

“You have to get someone who is capital certified; only certain attorneys have those qualifications. So, there might be a little exchange in time to get counsel on board and get them the discovery,” Stanger said.

Stanger says death penalty cases are complex and can take time to move through the courts.

“I think what we’re going to see is a lot of scheduling-type hearings, disclosure of discovery, maybe the state asking for more time, or the defense needing time to review evidence and speak with Robinson at the jail,” Stanger said.

According to Stanger, he can only think of one possible, though unlikely, scenario that could lead prosecutors to reconsider the death penalty.

“If Erika, Charlie Kirk’s wife, went to the prosecution and said, ‘Look, I don’t want him to have the death penalty. I want him to serve life without the possibility of parole,’ I think that’s the only way I would anticipate them to take death off the table,” Stanger said.

Tyler Robinson next hearing is scheduled for September 29 at 10 a.m.