Judge in Charlie Kirk murder case finds prosecutor in contempt for public comments, but won't take death penalty off the table

A prosecutor has been found in civil contempt after making comments on the strength of the murder case against Tyler Robinson, the man accused of shooting and killing conservative activist Charlie Kirk. 

Judge Tony Graf Jr. ruled in a virtual hearing on Friday that the prosecutor was in civil contempt for making comments to the media about a bullet fragment recovered from Kirk's body. 

The defense team asked that Graf block the death penalty in the case, claiming the prosecutors' comments could sway potential jurors. Graf declined to do so, ruling that the prosecution could continue to pursue the death penalty. 

The defense team previously accused prosecutors, including Deputy Utah County Attorney Christopher Ballard, of going on a "media tour." 

At a May hearing, Ballard argued that he didn't speak to the media about case specifics and that he had only remarked generally about how ballistics testing can be inconclusive. 

There will be additional jury questionnaires and the jury pool may be expanded, Graf said. 

Robinson has been charged with aggravated murder, and has not yet entered a plea. His preliminary hearing is set to begin on July 6. That hearing will determine if there is enough evidence to bring Robinson to trial. 

Graf ruled earlier this week that a former roommate of Robinson's will not have to testify in person during the preliminary hearing, which will be open to the public.