Lawyers for Tyler Robinson, the man accused of assassinating conservative activist Charlie Kirk last year, are asking a Utah judge to toss the death penalty. 

They argue that it would be an appropriate sanction against prosecutors who they allege talked about the case outside of court, Fox News reported. By striking the state's notice that it would pursue the death penalty, Robinson's lawyers argue in their filing, the court would demonstrate that court's orders and ethical rules are to be followed. 

Prosecutors deny that they violated the gag order or any other rules the court has imposed when they disputed what they say are misleading statements from the defense claiming that the ATF couldn't match the bullet that killed Kirk to Robinson's grandfather's rifle. The weapon is suspected to have been used in the killing. 

Court records state that, while the ATF tests of the bullet fragment recovered from Kirk were inconclusive, the caliber and spent casing were matched to the rifle. 

The case remains in the pre-trial phase, and Robinson has not yet entered a plea.