The murder case against the Utah man accused of assassinating conservative activist Charlie Kirk last year is headed for trial, and the defendant could face the death penalty if he is convicted.Utah District Judge Tony Graf on Tuesday sided with prosecutors who said they had “overwhelming” evidence that suspect Tyler Robinson shot Kirk once in the neck as the ally of US President Donald Trump spoke to a crowd of thousands last September in Orem, Utah. One of Robinson’s lawyers entered a not-guilty plea on his behalf following Graf’s decision.Robinson’s lawyers tried to block a trial or at least take the death penalty off the table, arguing that prosecutors failed to show Kirk’s shooting placed others around him at risk of death. That is an aggravating factor under the law that makes Robinson eligible for capital punishment.Kirk’s family called the ruling “an important step in our family’s pursuit of justice”.Prosecutors said Robinson shot Kirk from a rooftop more than 122 metres (400 feet) away, knowing he could have missed, potentially killing other people.Graf had the option to send the case to trial on a lesser charge of murder, which carries a minimum sentence of 15 years and a maximum of life in prison. The judge said his decision to approve the aggravated murder charge was based on “the documented position of several individuals in and around the canopy area” where Kirk was speaking, among other factors.Charlie Kirk moments before he was shot. Photo: The Deseret News via AP