PROVO, Utah — When ruling that the death penalty will remain on the table in the case against accused Charlie Kirk assassin Tyler Robinson, Utah Fourth District Judge Tony Graf Jr. found that allegedly shooting someone in a crowded place alone wasn’t what convinced him that there’s probable cause to believe Robinson knowingly put at least one bystander in “great risk of death.”

Robinson, 23, is accused of shooting the 31-year-old father of two in broad daylight at a Turning Point USA event at Utah Valley University last year, where thousands of people were watching.

The documented positions of multiple people near Kirk when he was killed do…

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