Attorney David Gelman Talks Special Watch and Defense Strategy in Tyler Robinson Trial
Criminal defense attorney David Gelman recently joined Newsmax to discuss the case against Tyler Robinson, the alleged assassin who killed Charlie Kirk on September 10, 2025. Kirk, the founder of Turning Point USA, was shot in the neck while speaking at Utah Valley University, the first stop on his “American Comeback Tour.”
At the time of the interview, Tyler Robinson, 22, was scheduled to make his first court appearance the following day. At the hearing, Robinson, who was wearing a suicide prevention smock, heard the charges against him for the first time.
Currently, he is facing charges of aggravated murder, two counts of obstruction of justice, felony discharge of a firearm causing serious bodily injury, two counts of witness tampering and commission of a violent offense in the presence of a child. Under Utah law, conviction of aggravated murder is a noncapital first degree felony, punishable up to life in prison. However, this is only if a notice of intent seeking the death penalty hasn’t been filed. If intent to seek the death penalty is filed, aggravated murder becomes a capital felony.
At this time, Utah County Attorney Jeff Gray announced his intent to seek the death penalty against Robinson.
As for why Robinson was wearing a suicide prevention smock, David Gelman said it’s standard procedure in cases like this. “You’re talking about a very high-profile case, a high-profile defendant and the most serious crimes you can be charged with. They have to do that [put him on special watch]. They’re covering their bases.” Defendants placed under special watch are under 24/7 observation to mitigate the possibility of self-harm.
Possible Defense in Charlie Kirk Assassination Case
At the time of publication, FBI Director Kash Patel said they have DNA from the crime scene that matches Robinson. On the day of Kirk’s assassination, Robinson allegedly climbed onto the roof of the Losee Center at Utah Valley University and discharged one round from a Mauser Model 98 .30-06 caliber bolt-action rifle. This type of rifle was originally manufactured for use during World War I and World War II. Allegedly, these types of rifles do not have serial numbers or identifying marks, making them difficult to trace.
According to one of Robinson’s family members, he had become more political in recent years and allegedly did not approve of Charlie Kirk’s views. In text exchanges between Robinson and his alleged transgender roommate, Lance Twiggs, Robinson reportedly said, I had enough of his [Charlie Kirk’s] hatred. Some hate can’t be negotiated out.” At the time of Kirk’s murder, he was taking a question from a student about gun violence and transgenderism. The prosecutor in this case did not confirm or deny whether Robinson targeted Kirk for his views on transgenderism.
During his appearance on Newsmax, Gelman was asked about what kind of defense Robinson’s team will employ and whether they will try and argue mental illness. “It’s potentially something the defense will look at,” Gelman said. “But I think we’re way too early in this investigation to even talk about something like that. There’s so much we still don’t know.”
Details are still being released. We will provide updates as new information comes to light.
Gelman Reflects on Jimmy Kimmel’s Suspension
With new details continuing to emerge, David Gelman was asked about Jimmy Kimmel’s suspension. During his monologue on Jimmy Kimmel Live!, Kimmel said, “We hit some new lows over the weekend with the MAGA [Make America Great Again] gang desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them and doing everything they can to score political points.”
At the time of his monologue on September 15, 2025, new information was still being brought to light. However, the alleged shooter’s political affiliation was not confirmed. According to the probable cause statement, the first bullet allegedly fired by Robinson was inscribed with “Notices Buldge OWO what’s this,” which was first used in a 2013 meme depicting two men, allegedly as part of “furry” subculture roleplaying in a sex scene. Though not fired, other bullet casings were inscribed with “hey, fascist! CATCH,” “If you read This, you are GAY Lmao,” and “O Bella ciao, Bella ciao, Bella ciao, Ciao, ciao!” Bella Ciao was an Italian anti-fascist resistance folk song, famously connected to World War II.
Kimmel’s statements immediately landed him in hot water, causing Nexstar and Sinclair to preempt his show indefinitely. Public outcry from fans and his Hollywood peers mounted, with many calling the move an attack on free speech. Per Gelman, freedom of speech is a misnomer. “The government can’t arrest you for saying something they don’t agree with,” he told the Newsmax host. “However, private companies are in a totally different ball game. If you say something, they can fire you because it could affect lots of things, including the workplace and their profitability.”
Jimmy Kimmel Live! was reinstated and had its first episode Tuesday, September 23, 2025.
About David Gelman
As a former prosecutor, David Gelman is frequently sought out for his unique perspective on the most high-profile cases in America. By being able to identify the prosecution’s most likely move, he offers insight into the cases people care about, including the assassination of Charlie Kirk and what the future holds for Tyler Robinson.
If you would like to schedule an interview with David Gelman, please contact samantha@esquiredigital.com.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
