A Utah judge has declined to consider a piece of surveillance evidence presented by prosecutors during the preliminary hearing of Tyler Robinson, the 23-year-old accused of killing political activist Charlie Kirk, after raising concerns that the footage had been altered.
The decision came during the opening day of hearings in Provo, Utah, where the court is determining whether there is enough evidence for Robinson to face trial over the fatal shooting at Utah Valley University in September 2025.
Utah District Court Judge Tony Graf said he could not rely on the edited compilation because it included enhancements that had not been properly explained or authenticated before the court.
Judge Raises Concerns Over Edited Compilation
The disputed evidence consisted of surveillance clips that prosecutors said showed Robinson visiting the Utah Valley University campus on four occasions before the shooting.
However, the compilation had been modified with zoomed-in sections, highlighted areas, and circles intended to draw attention to specific details.
Judge Graf expressed concern that the presentation had been altered without testimony from the individual responsible for making the edits.
He noted that neither the court nor the defense had been told when the changes were made, how they were performed, or whether the alterations affected the integrity of the original recordings.
According to the judge, edited exhibits can become problematic if they are later presented to a jury without proper authentication.
Prosecutors Promise to Produce Original Recordings
State prosecutors defended the compilation, arguing that the adjustments were made solely to improve visibility and did not change the substance of the recordings.
They acknowledged that they did not currently possess the original surveillance files but told the court they intended to obtain the unedited footage before a future hearing.
Prosecutors also said investigators who reviewed the original recordings would be called to testify.
Judge Graf indicated that he could still admit the raw surveillance footage into evidence once the necessary foundation had been established.
Preliminary Hearing Opens With Extensive Evidence Expected
The surveillance dispute marked the beginning of what is expected to be a week of preliminary hearings focused on determining whether Robinson should stand trial.
Prosecutors have indicated they plan to introduce a wide range of evidence they believe links Robinson to the killing.
That evidence is expected to include DNA analysis connected to the alleged murder weapon, autopsy findings, eyewitness testimony, and investigative reports.
Robinson has remained in custody since his arrest shortly after the shooting.
Emotional First Day for Charlie Kirk’s Family
Monday’s proceedings were attended by several members of Charlie Kirk’s family, including his widow, Erika Kirk, and his parents, Robert and Kathryn Kirk.
Also present were Donald Trump Jr. and his wife, Bettina Anderson Trump, who attended in support of the Kirk family.
Before the court played audio capturing the moment Kirk was shot in the neck during the campus event, Erika Kirk left the courtroom.
Later, Charlie Kirk’s parents also stepped outside as testimony turned to the details of the shooting.
Ahead of the hearing, the family released a statement thanking supporters who have stood by them since Kirk’s death.
They described Charlie Kirk as a devoted husband, father, son, brother, and friend, saying each court appearance serves as another painful reminder of the loss suffered by both the family and his young children.
They also expressed gratitude for the prayers, encouragement, and kindness they have received throughout the case.
Judge Privately Reviews Graphic Video Evidence
Judge Graf also viewed previously unseen video footage showing the shooting itself.
The recording was displayed only to the judge and was not shown publicly in the courtroom out of consideration for the Kirk family’s privacy and dignity.
Observers reported that the courtroom remained silent while Graf watched the footage, and the judge appeared visibly uncomfortable during the viewing.
Officer Describes Moments After Gunfire
The prosecution’s first witness, Utah Valley University police officer Chris Bagley, recounted the chaotic moments surrounding the shooting.
Bagley testified that Charlie Kirk had been answering a question during a Turning Point USA event when a gunshot suddenly rang out.
As panic spread through the audience, Bagley said he lost sight of Kirk while people rushed to escape.
He told the court that his immediate priority became assessing injuries among those present while also preserving the crime scene.
Bagley later inspected the roof of a nearby campus building, where he said he discovered disturbed gravel resembling what he described as a possible “sniper pad”—an area where someone could have positioned themselves to fire a rifle.
He also testified there was a direct line of sight between that location and the stage where Kirk had been speaking.
Defense Challenges Police Investigation
During cross-examination, defense attorney Kathy Nester questioned Bagley about his investigative procedures following the shooting.
She focused on his report documenting an empty pistol holster found on the ground after the crowd dispersed.
Bagley acknowledged that he never took possession of the holster and did not know whether investigators had collected fingerprints from it.
The exchange highlighted the defense’s effort to scrutinize aspects of the investigation as the court evaluates whether sufficient evidence exists to move the case to trial.
Robinson Faces Capital Murder Charge
Robinson has been charged with aggravated murder in connection with the September 10, 2025, killing of Charlie Kirk.
Prosecutors have announced they will seek the death penalty if he is convicted.
He has not entered a plea, and his attorneys have not publicly addressed his guilt or innocence.
The defense has, however, asked the court to remove the possibility of capital punishment from the case.
The preliminary hearing is expected to continue throughout the week as prosecutors present additional evidence and witnesses before the judge decides whether Robinson will stand trial.
