The second in-person pretrial hearing for Tyler James Robinson, charged with the murder of conservative leader and Arizona resident Charlie Kirk, took an extraordinary turn mid-Friday afternoon when the chief prosecutor took the witness stand.
Utah County Attorney Jeff Gray, the elected official who oversees the prosecution office, testified he learned about the fatal shooting of Kirk when one of his prosecutors in the Robinson case told him about a text from his adult daughter. She was at the Sept. 10 rally where Kirk, on stage, was killed at Utah Valley University in Orem, Utah.
It’s unusual for a chief prosecutor such as Gray to testify in a case his office is prosecuting.
Under questioning from defense attorney Richard Novak, Gray said he and the prosecutor, whose name hasn’t been released, drove together in Gray’s car to the university after getting the daughter’s text. She had left the scene of the killing by the time they arrived, Gray said.
When asked by Novak, Gray, who was subpoenaed to appear, said he didn’t set up a firewall separating the prosecutor whose child was at the university from the rest of the prosecution. Earlier on Friday, Novak noted the prosecutor’s child was 85 feet from Kirk.
Robinson, 22, wearing a light blue buttoned shirt and a striped tie, sat in the Fourth District Court in Provo, Utah, as Novak questioned Gray as part of a hearing on the question on whether Gray’s office has a conflict of interest in the case. Robinson’s lawyers are trying to disqualify the entire prosecution team based on the connection with the unnamed prosecutor and the fact the prosecutor wasn’t removed from the case.
“He showed me the text: ‘Charlie Kirk got shot,’ ” Gray told Novak as Judge Tony Graf listened.
Gray continued to testify until a little after 5 p.m. Mountain Standard Time. As of press time, the court was in another recess before testimony for Gray and potentially other witnesses such as the unnamed prosecutor and the prosecutor’s daughter could resume.
Robinson’s reactions couldn’t be seen during the live-stream because Graf directed that the pool camera not be on Robinson. That ruling came after defense showed the judge close-ups of Robinson earlier whispering to his attorney, raising concerns that viewers might read Robinson’s lips.
Novak, who started with basic questions before building his case, had Gray on the witness stand for about a half-hour before the recess.
Gray stressed that his office’s decision to tell the defense attorneys about the unnamed prosecutor wasn’t an indication of a conflict of interest.
“That was out of an abundance of caution,” Gray told Novak.
In addition to the prosecutor, Gray said there were two families in his Church of Jesus Christ of Latter-day Saints ward who had adult children at the Utah Valley University rally when Kirk was shot and killed. He said he was told one child was doing fine. “The other one was shook up.”
Gray said he didn’t know where those children were located at the amphitheater where Kirk spoke.
“Did you share that information with the prosecution team?” Novak asked, referring to those families.
“I don’t remember,” Gray said. “I may have in passing.”
Novak asked Gray if he suggested to law enforcement that anyone be interviewed in regard to the murder of Kirk.
“No. We don’t interfere with the investigation” Gray said. “We try to assist. Law enforcement identifies who they want to interview. I leave that to them.”
Novak also asked Gray about his office’s policies on conflict of interest. Gray answered that his office turns cases over to other agencies if there’s a conflict.
Robinson is charged with seven counts, six of which are felonies. They include aggravated murder and multiple counts of witness tampering and obstruction of justice. Gray filed a notice with the court that he intends to seek the death penalty if Robinson is convicted of murder.
Kirk was shot and killed before a crowd of up to 3,000 people at Utah Valley University. The conservative leader had a home in Scottsdale, Ariz., and his organization, Turning Point USA, is headquartered in Phoenix.
