Heartbreak for Erika Kirk as husband's murder suspect Tyler Robinson finds out his trial won't be until 2028

Erika Kirk has expressed her heartbreak after Tyler Robinson, her husband's alleged murderer, found out his trial won't begin until 2028. 

Utah District Judge Tony Graf Jr decided on Monday afternoon that Robinson's trial will start in July 2028. Jury selection will begin June 21, 2028, at 9.30am MT (11.30am EST). 

Robinson has pleaded not guilty to all counts, including aggravated murder, after he allegedly shot Kirk in the neck during a Turning Point USA event on September 10, 2025. He could face the death penalty if convicted.

Erika previously asked that the trial take place as fast as possible, requesting that the proceedings start in October 2027. 

On Monday evening, Erika shared a statement from the Kirk family. 

'Today's decision to delay the trial of the man accused of murdering our beloved Charlie until at least June 2028, is deeply disappointing,' the statement read. 

'While nothing will restore the time we have lost with Charlie, every additional day without justice prolongs our family's pain and forces us to wait even longer for accountability. 

'As we continue down this difficult road, we remain deeply grateful for the love, prayers, and support that have sustained our family through these painful months.'

Erika Kirk has expressed her heartbreak after Tyler Robinson, her husband's alleged murderer, found out his trial won't begin until 2028

Robinson has pleaded not guilty to all counts, including aggravated murder, after he allegedly shot Kirk in the neck during a Turning Point USA event on September 10, 2025. He could face the death penalty if convicted

Prosecutors allege that he confessed to killing Kirk because he 'had enough of his hatred' 

A venue hearing that will determine where the trial will take place has been set for December 22, 2027. 

Erika previously condemned Robinson's lawyer for trying to delay proceedings until 2029. 

Prosecutors previously said they anticipate the trial to last 17 weeks and that they would be ready by October 2027, but to avoid holding proceedings over Thanksgiving and Christmas, they suggested a start date of January 2028. 

Erika's attorney, Jeffrey Neiman, argued that the trial should start in October 2027 because dragging it out would violate his client's rights to a speedy trial as a victim under Utah law. 

In making his ruling, Graf said he considered the rights of both Robinson and Erika. He also noted that 105 days have been set aside to hear the case. 

Robinson turned himself in to authorities a day after the shooting, and his attorneys have not offered alternative theories for Kirk's death. 

Prosecutors allege that he confessed to killing Kirk because he 'had enough of his hatred.' 

'Under the Defendants' proposed schedule, Mr. Kirk's two children, who were one and three at the time he was murdered, will be six and eight years old by the time the trial concludes,' Neiman wrote in a court filing. 

'They will face the uncertainty of this criminal proceeding longer than they had their father in their lives.' 

He also argued that delays would further cost taxpayer money, citing $1.6million in funds needed for Robinson's defense to date, Fox News previously reported. 

The legal team for Robinson believes that rushing the trial could do both sides a disservice.

Robinson was captured on surveillance footage at Utah Valley University the day of the shooting

'It will create unrealistic expectations for the public and the victim's representative, it may cause counsel for both parties to give short shrift to constitutionally required activities, it may rush this Court to deliberate upon and enter rulings on important and complex pretrial motions, and it may jeopardize Mr. Robinson's right to a capital proceeding that has the utmost reliability,' they wrote.

In September, Graf sided with prosecutors who said they had 'a mountain of evidence' that defendant Robinson fatally shot the conservative activist last September. 

Robinson's defense team tried to block a trial or at least take the death penalty off the table, arguing that prosecutors failed to show Kirk´s shooting placed others around him at risk of death.

That´s an aggravating factor under state law that makes Robinson eligible for capital punishment.

Kirk's family called the ruling 'an important step in our family's pursuit of justice.'

'Every step in this process carries the weight of all that Charlie´s murder has taken from his family, especially his children who will grow up without their father,' they said in a statement. 

Prosecutors claim that Robinson shot Kirk from a rooftop more than 400 feet away, knowing he could have missed and killed others at the open-air event.

'Tyler James Robinson shot and killed Charlie Kirk because he disagreed with him, and he did it by firing a high-powered rifle into a crowd of over 3,000 people, which created a great risk of death that anyone would know about,' said Ryan McBride, a prosecutor with the Utah County Attorney´s Office.

Graf had the option to send the case to trial on a lesser charge of murder, which carries a minimum sentence of 15 years and a maximum of life in prison.

He said his decision to approve the aggravated murder charge was based on the positions of several people in and around a tent where Kirk was speaking, among other factors.

Robinson had no visible reaction to the ruling. Tears welled in his mother´s eyes as Graf read it aloud. 

. Before his death, Kirk and Turning Point USA galvanized the conservative youth vote to help President Donald Trump win a second term

Trump weighed in on the upcoming trial last month

Staci Visser, an attorney for Robinson, argued that prosecutors were trying to 'shoehorn' the case into Utah's aggravated murder statute.

Prior case law required prosecutors to show that there was a high probability – not merely a possibility – that other people could have been killed, she noted.

Kirk was seated on a stage in an elevated position, not immediately near anyone else, when he was shot once in the neck, she said.

'There is one shot. There is one bullet. There is one victim,' Visser said. 'There is zero evidence that there was any action taken towards other people.'

Prosecutor Chad Grunander noted that the alleged murder weapon – a bolt-action rifle – was loaded with additional rounds that had not been fired, saying Robinson 'came prepared to shoot again.'  

The state court hearing came after prosecutors spent five days presenting evidence, including DNA and a handwritten note they allege Robinson left for his romantic partner that read: 'I had the opportunity to take out Charlie Kirk, and I took it.'

According to prosecutors, the DNA analysis linked Robinson to the rifle and tool he allegedly used to engrave the bullet cartridges with the messages. 

Some of the bullets read: 'Hey, fascist! CATCH!' and another said: 'If you read this, you are gay.' 

They have also alleged Robinson wrote in a text message about Kirk: 'I had enough of his hatred. Some hate can´t be negotiated out.' 

Before his death, Kirk and Turning Point USA galvanized the conservative youth vote to help President Donald Trump win a second term. 

Trump weighed in on the upcoming trial last month, stating: 'The judge in the Charlie Kirk case is doing a terrible job! This case should be tried within a month, not three years — and it should be over with!'