Video of Saturday’s "No Kings" protest in Salt Lake City appears to show a suspect with his rifle aimed down and not running until a volunteer begins shooting.
That’s different than what police described. Citing witnesses, a jail booking document says the suspected gunman, Arturo Gamboa, ran toward the crowd with his rifle in a “firing position.”
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Gamboa was shot and wounded by a volunteer, described as a peacekeeper by march organizers. That volunteer also hit a bystander, identified as Afa Ah Loo, a former contestant on "Project Runway." He died from his injuries.
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In an email Tuesday night, Salt Lake City police spokesman Brent Weisberg declined an interview request from the Scripps News Group station in Salt Lake City to discuss the video.
“Our detectives are working to collect and analyze potential evidence to determine the full sequence of what occurred,” Weisberg wrote. “At this stage, commenting on specific evidence would be inappropriate and premature.
“Our focus is on conducting a thorough, impartial, and fact-driven investigation to ensure the integrity and fairness of any future legal proceedings.”
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The video is just a few frames recorded as someone was panning their camera from a high-rise building, overlooking the protest.
In the video, Gamboa is seen wearing black. He and the volunteer peacekeepers are on the east side of the street. Two volunteers are wearing yellow. They were there on behalf of the organizers, a group called 50501 that organized the march.
In the video, the volunteers appear to have raised their pistols into a firing position. The barrel on Gamboa’s AR-15 style rifle appears to be pointed down. Then, three gunshots can be heard.
After the shots, Gamboa can be seen running.
A probable cause statement filed with the Salt Lake County jail when police booked Gamboa says: “Arturo then lifted the rifle, and … began to run toward the large crowd gathered on state street holding the rifle in a firing position.”
Gamboa was hit by one shot and received medical treatment before being booked into jail. Even though Gamboa did not fire his weapon, he remains in jail in connection to Ah Loo’s murder.
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The probable cause statement contends that Gamboa’s actions caused Ah Loo’s death. As of Tuesday night, Gamboa had not been formally charged with a crime.
The new video does not show Ah Loo being hit by the gunfire.
How Arturo was holding the rifle could be a factor in determining whether criminal charges are filed against the peacekeeper, says Mitch Vilos, an attorney who has written books about Utah’s gun laws.
“But if you have a reasonable belief that you're in the act of stopping a forcible felony,” Vilos said, “then you may be justified. Of course, it depends on all the circumstances.”
“Whether or not the AR-15 was raised and pointed at someone,” Vilos added, “versus being held at what they call low ready, I think that's going to be an issue in this case.”
The march organizers, 50501, issued a statement Tuesday.
“The safety volunteer who responded to the individual and who was questioned by police is a military veteran,” the statement read.
“We are mourning Afa Ah Loo with everything we have,” 50501 continued, “and we are holding his family and our friends in our hearts.”
“At this time, SLCPD has not chosen to charge any of the volunteers,” the statement also said.
