A Utah judge ruled that Tyler Robinson, who is accused of assassinating conservative activist Charlie Kirk, can still face the death penalty if convicted of aggravated murder. 

Robinson's lawyers asked Judge Tony Graf Jr. to toss the death penalty option, arguing that it would be an appropriate sanction against prosecutors who they allege talked about the case outside of court, in violation of a gag order. By striking the state's notice that it would pursue the death penalty, Robinson's lawyers argued in their filing, the court would demonstrate that the 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. 

Judge Tony Graf Jr. ruled Friday that Deputy Utah County Attorney Christopher Ballard was in contempt of court for the public statements he made about his opinion concerning the strength of the evidence in the case, Fox News reported. However, Graf said the prosecutor wasn't wrong for disputing the characterization of specific ballistic evidence from a defense court filing. 

Therefore, Graf ruled, it's not an appropriate sanction to remove the potential death penalty, and he will instead expand the jury selection process.