Death penalty looms for Charlie Kirk’s accused killer but legal bar is high as Trump, Cox mount pressure

Utah officials arrested the suspect in Charlie Kirk's shooting death as President Donald Trump and Governor Spencer Cox urge prosecutors to pursue capital punishment.

Utah Governor Spencer Cox and FBI Director Kash Patel arrive at a press conference regarding the assassination of Charlie Kirk at Utah Valley University in Orem, Utah on Thursday, Sept. 11, 2025. (Julia Bonavita/Fox News Digital)

The governor vowed that Robinson would be "held accountable" for Kirk's death, which he called a "political assassination."

"This is certainly about the tragic death, assassination, political assassination of Charlie Kirk, but it is also much bigger than an attack on an individual," Cox said. "It is an attack on all of us. It is an attack on the American experiment." 

Kirk's graphic death and the scant public information revealed in its wake have left the nation reeling and revived heated debate about political violence in the U.S. It's also sparked a litany of questions about how prosecutors will bring the case against Robinson, with Utah law and years of precedent making capital punishment difficult to pursue. 

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During a recent Fox News Channel interview, President Donald Trump praised the values and influence of conservative activist Charlie Kirk. (Mark Wilson/Getty)

Cox and Trump both suggested in interviews earlier this week that the state should seek the death penalty against Kirk's killer, even before Robinson was named as a suspect. 

"I hope he gets the death penalty," Trump said Friday morning on "Fox & Friends," calling Kirk "the finest person." 

The Beehive State is one of 27 states that still allows the death penalty, according to the Death Penalty Information Center. It's also one of just five states where execution by firing squad remains legal.

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Booking photos for Tyler Robinson, 22, the suspect in the Utah assassination of Turning Point USA co-founder Charlie Kirk. (Utah Gov. Spencer Cox)

Even so, capital punishment cases are rarely pursued in Utah. The state has carried out only two executions in the past 20 years, and inmates spend an average of 34 years on death row.

Only four men are currently on death row in Utah, each for "decades," according to KUTV.  

For Robinson, whose criminal trial will draw national attention, particularly from the president and his allies, it's still far too early to predict the outcome. 

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Already, Robinson's case has fueled intense speculation — even as some lawmakers urged calm.

"History will dictate if this is a turning point for our country," Cox said, "but every single one of us gets to choose right now if this is a turning point for us." 

Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news. 

https://www.foxnews.com/politics/death-penalty-looms-charlie-kirks-accused-killer-legal-bar-high-trump-cox-mount-pressure