Judge in Tyler Robinson’s murder case declines to disqualify prosecutors

PROVO, Utah (NBC, KYMA) - The prosecutors in the capital murder case of Charlie Kirk will not be disqualified.

The accused killer, Tyler Robinson's defense team had argued that the Utah County Attorney's Office should be removed from the case because some family members had attended the rally where Kirk was fatally shot.

In proceedings Tuesday, Fourth District Judge Tony Graf ruled that the familial relationship at issue does not cross constitutional boundaries.

"After reviewing the record the court concludes that the familial relationship at issue without additional evidence of personal involvement or influence does not create a reasonable perception that the prosecutorial discretion was exercised for improper reasons. Zealous advocacy remains bound by constitutional ethical constraints and the court finds that those boundaries have not been crossed here.

Applying this governing legal standard to the facts, establish in the record defendants motion is respectfully denied."

Tony Graf, Fourth District Judge

Robinson, who has not yet entered a plea, did not appear virtually in court, and his next court appearance is scheduled for March 13.