Accused Charlie Kirk assassin Tyler Robinson will still face the death penalty — despite a judge on Friday ruling that prosecutors violated a gag order, throwing the case into chaos.

Utah Judge Tony Graf found prosecutor Christopher Ballard in civil contempt for chatting to media outlets about Robinson’s case — but refused to take the death penalty off the table, as the defense requested.

Robinson’s team claimed that prosecutors needed to be sanctioned after they responded to a misleading defense filing suggesting the Bureau of Alcohol, Tobacco, Firearms and Explosives determined the bullet in the gun Robinson allegedly used to shoot the conservative podcaster didn’t match the round found in Kirk’s body.

Those court papers by Robinson’s lawyerssparked online conspiracy theories about how the conservative activist died.

Graf acknowledged that Robinson’s lawyers “initiated the media frenzy” that led Ballard to feel he needed to correct the inaccurate reports suggesting the ATF findings exonerated Robinson.

The judge twice in his order mentioned the Daily Mail’s inaccurate headline from a March story, titled: “Bullet used to kill Charlie Kirk did not match rifle allegedly used by suspect Tyler Robinson, new court filing claims.”

Graf said after that article went live, “other outlets rapidly echoed this narrative.”

While Ballard’s comments on the bullet evidence didn’t cross a line, he did flout the gag order when he told certain outlets that his office had enough evidence to convict Robinson, the judge found.

Still, Robinson’s lawyers’ bid to remove capital punishment over Ballard’s infraction was “disproportionate” to his conduct and “legally prohibited,” Graf said.

Instead, the judge ordered the prosecution to pay Robinson’s attorneys fees that were racked up fighting the contempt motion.

Graf also said he would take additional precautions when selecting a jury to ensure Ballard’s comments wouldn’t lead to biased jurors or an unfair trial.

He said they would bring in even more prospective jurors and add more pre-screening questions both on a written form and for in-court questioning of the potential panelists.

Robinson, 23, is accused of killing Kirk in front of a crowd of thousands at an event at Utah Valley University in Orem on Sept. 10.

The alleged gunman is set to face a multi-day hearing next month where videos of the shooting could be shown to Graf and where evidence from Robinson’s trans lover and roommate, Lance Twiggs, is expected to be presented.

Twiggs, 22, was videotaped as he was interviewed by investigators in exchange for partial immunity and that footage is expected to be shown to Graf as well as damning text messages that Robinson allegedly exchanged with Twiggs, confessing to the shooing.

The purpose of the hearing is for Graf to determine if there is enough evidence for Robinson’s case to move forward to trial. It functions as an alternative to prosecutors seeking a grand jury indictment.

Robinson won’t be asked to enter a plea until after the preliminary hearing.