A Utah judge on Friday declined to remove the death penalty from the case against Tyler Robinson, who is accused of assassinating conservative podcaster Charlie Kirk, despite ruling that prosecutors violated a gag order. Judge Tony Graf found lead prosecutor Christopher Ballard in civil contempt for speaking publicly about the case but stopped short of granting the defense’s request to eliminate the possibility of capital punishment.

Robinson’s legal team asked for sanctions against prosecutors after they responded to a defense filing that alleged the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) had matched the bullet found in Kirk’s body to a different firearm than the one Robinson was accused of using. The defense argued the prosecution’s response was misleading and violated court orders, fueling conspiracy theories online regarding the circumstances of Kirk’s death.

Judge Graf’s finding against Ballard highlighted concerns about prosecutorial conduct but emphasized that the violation did not merit striking the death penalty from consideration. The decision keeps the most severe charge intact as the case proceeds.

The ruling comes amid heightened public scrutiny following the high-profile nature of the assassination, with both sides contesting key evidence and narrative details. The controversy surrounding the ballistics evidence and the ensuing media attention have complicated pretrial proceedings, drawing sharper focus on courtroom rules governing communication about the case.

As Robinson’s trial moves forward, legal observers note the judge’s balancing act between addressing procedural breaches and preserving the integrity of the prosecution’s case. The continued eligibility for the death penalty signals that the state intends to pursue the harshest punishment if Robinson is convicted.