A Utah judge ruled Friday that Tyler Robinson remains eligible for the death penalty if convicted of aggravated murder for the attempted assassination of Charlie Kirk. Judge Tony Graf Jr. delivered the decision during a heavily attended court hearing in Utah County.

Defense attorneys had filed a motion to remove the death penalty as a potential punishment. They argued that prosecutors violated an established court gag order through public comments regarding ballistic evidence.

Judge Graf agreed that Deputy Utah County Attorney Christopher Ballard acted in contempt of court. He found that Ballard improperly expressed a personal opinion regarding the overall strength of the state’s evidence and Robinson’s guilt.