Erika Kirk asks judge to reject agonizing motion that would give Tyler Robinson three years until he faces justice for Charlie's murder

Erika Kirk asked a judge to reject a 'grossly out of line' proposal by attorneys for the man who allegedly killed her husband that would delay his trial until 2029.

Charlie Kirk, 31, was allegedly shot by then-22-year-old Utah resident Tyler Robinson at a speaking engagement at Utah Valley University on September 10, 2025. 

Last month, Robinson was ordered to stand trial on aggravated murder and several other charges and could face the death penalty if found guilty.  

Robinson's defense argued in a memorandum filed Wednesday that they will need three years to adequately prepare a defense for a trial they believe could last 'six to seven months,' KSL reported. 

They argued that they have pretrial motions to file through 2029 and years worth of evidence that needs to be reviewed, in addition to the likely high-profile jury selection process. 

In a court filing later Wednesday, Erika's lawyers have demanded a trial happen at the earliest possible date in 2027, citing the emotional toll it would take on her and the couple's two children. 

'Every additional day of delay carries the weight of all that Charlie's murder has taken from his family, especially his two young children who were just three and one year old when their father was murdered and would be seven and five years old by the time a verdict is handed down under the Defense's proposed schedule,' the filing claims.

They also argue that delays would further cost taxpayer money, citing $1.6million in funds needed for Robinson's defense to date, according to Fox News. 

Utah prosecutors had estimated an October 4, 2027 opening date for the trial, though the state has argued that means it will drag on due to the holidays. 

'The State therefore proposes that the Court schedule the trial to begin January 31, 2028,' the prosecution's memorandum states.

The legal team for Robinson believes that rushing the trial could do both sides a disservice. 

'It will create unrealistic expectations for the public and the victim's representative, it may cause counsel for both parties to give short shrift to constitutionally required activities, it may rush this Court to deliberate upon and enter rulings on important and complex pretrial motions, and it may jeopardize Mr. Robinson's right to a capital proceeding that has the utmost reliability,' they wrote.

Lawyers for the state, as well as Kirk and Robinson will meet again Friday to seek further clarity on scheduling. Erika Kirk is slated to attend remotely. 

In September, Utah District Judge Tony Graf on Tuesday sided with prosecutors who said they had 'a mountain of evidence' that defendant Robinson fatally shot the conservative activist last September.

Robinson pleaded not guilty to all counts, including aggravated murder, following Graf's decision. 

The defendant turned himself in a day after the shooting, and his lawyers have not offered alternative theories for Kirk´s death.

The defense team tried to block a trial or at least take the death penalty off the table, arguing that prosecutors failed to show Kirk´s shooting placed others around him at risk of death. 

That´s an aggravating factor under state law that makes Robinson eligible for capital punishment.

Kirk's family called the ruling 'an important step in our family´s pursuit of justice.'

'Every step in this process carries the weight of all that Charlie´s murder has taken from his family, especially his children who will grow up without their father,' they said in a statement.

Prosecutors said Robinson shot Kirk from a rooftop more than 400 feet (122 meters) away, knowing he could have missed and killed others at the open-air event.

'Tyler James Robinson shot and killed Charlie Kirk because he disagreed with him, and he did it by firing a high-powered rifle into a crowd of over 3,000 people, which created a great risk of death that anyone would know about,' said Ryan McBride, a prosecutor with the Utah County Attorney´s Office.

Graf had the option to send the case to trial on a lesser charge of murder, which carries a minimum sentence of 15 years and a maximum of life in prison. 

He said his decision to approve the aggravated murder charge was based on the positions of several people in and around a tent where Kirk was speaking, among other factors.

The hearing in state court came after prosecutors in July spent five days presenting evidence, including DNA and a handwritten note they allege Robinson left for his romantic partner that read, 'I had the opportunity to take out Charlie Kirk, and I took it.'

Robinson had no visible reaction to the ruling. Tears welled in his mother´s eyes as Graf read it aloud.

Staci Visser, an attorney for Robinson, argued that prosecutors were trying to 'shoehorn' the case into Utah's aggravated murder statute. 

Prior case law required prosecutors to show that there was a high probability - not merely a possibility - that other people could have been killed, she noted.

Kirk was seated on a stage in an elevated position, not immediately near anyone else, when he was shot once in the neck, she said.

'There is one shot. There is one bullet. There is one victim,' Visser said. 'There is zero evidence that there was any action taken towards other people.'

Prosecutor Chad Grunander noted that the alleged murder weapon - a bolt-action rifle - was loaded with additional rounds that had not been fired, saying Robinson 'came prepared to shoot again.'

Investigators presented DNA analyses in July that they said linked Robinson to the rifle and a tool he allegedly used to engrave the bullet cartridges. Defense attorneys questioned the reliability of the DNA tests.

Robinson also faces potential sentencing enhancements if prosecutors can show he targeted Kirk for his political beliefs.

Before his death, Kirk and Turning Point USA galvanized the conservative youth vote to help President Donald Trump win a second term.

Prosecutors argued that a bullet found in the rifle, engraved with 'Hey Facist! CATCH!', shows that Kirk was targeted for how the defendant perceived his politics. 

They have also alleged Robinson wrote in a text message about Kirk: 'I had enough of his hatred. Some hate can´t be negotiated out.'

Defense attorneys argued that prosecutors do not have strong enough evidence to prove a political motivation.