Update June 20: A judge has ordered the release of Arturo Gamboa following a petition that he was being held without probable cause. The Salt Lake County District Attorney said it was not able to make a decision on charges, at this time, by the time the Gamboa was to be released on Monday. Our original story continues below.
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The suspect arrested after the Salt Lake City “No Kings” protest shooting will remain in jail for another three days.
Arturo Gamboa has not been formally charged, but he was booked into county jail on suspicion of murder. A police affidavit accuses him of creating the situation that led to the death of a bystander, Arthur “Afa” Ah Loo. Salt Lake District Attorney Sim Gill requested the extension to have more time to review evidence. A judge agreed to the request.
Gamboa will now be held until June 23 at 5 p.m., and he doesn't have the option to post bail.
“This extension will allow the police to present their evidence at a formal screening scheduled for this Friday [June 20] and allow the Salt Lake County District Attorney’s Office sufficient time to review, analyze, and make an informed decision to any allegations of criminal wrongdoing,” Gill said in a statement.
During the June 14 protest, Gamboa was observed by two men self-identified as “peacekeepers” for the march, and later confirmed by organizers to be “safety volunteers.” The shooting occurred around 8 p.m. when the men said they spotted Gamboa, who was dressed in black, with a rifle, according to the affidavit. The two drew their handguns and claimed they ordered him to drop his weapon. They told police they thought Gamboa was going to cause harm. One of the volunteers fired his handgun three times, hitting both Gamboa and Ah Loo.
Gamboa did not fire his rifle.
The volunteers were initially detained Saturday night, but were let go. Their names have not been released publicly, and they are cooperating, according to police. The investigation includes whether the volunteer was justified in firing his weapon.
There are growing questions about whether Gamboa should still be in jail. Immediately following the shooting, the preliminary details from police claimed Gamboa intended to incite violence, and a volunteer stopped him, accidentally shooting an innocent bystander in the process.
According to several of Gamboa’s friends, he often openly carried his gun at protests, which is allowed in Utah.
“It was, in his eyes, his right to protect himself,” said Bhabjit Singh. “He never did it, like, out of maliciousness or violently.”
Singh strongly believes Gamboa had no intention to cause harm. He described Gamboa as a peaceful, loving person who loved music and was also a “leftist” who cared deeply about justice.
“I just hope people can understand that he wasn’t reckless or dangerous,” he said. “He was thoughtful, compassionate and grounded in what he believed.”
Another friend, Angela Carhuatanta, called the idea that Gamboa intended to shoot at the crowd or brandish his gun “ridiculous.”
“He believes in the right to protect himself,” Carhuatanta said. “I just don't see what he did wrong.”
Both Carhuatanta and Singh said the volunteer should never have fired his gun.
“Why is a man who didn't fire his gun once, sitting there [in jail]? The guy who fired his gun three times is out free,” Singh said.
Videos of the shooting shared on social media and aired by FOX 13 News appear to show Gamboa walking toward State Street with his gun lowered, and not in a firing position, right before he is shot.
David Ferguson, director of the Utah Association of Criminal Defense Lawyers, called the video “stark.” He is not working on the case.
“I see a guy walking around with a gun,” Ferguson said. “That's not the depraved indifference to others, and it's not creating a grave risk of death.”
Prosecutors would need to show that Gamboa acted with “depraved indifference to human life” and “knowingly engage[d] in conduct that creates a grave risk of death,” according to Utah code. That’s really strong language, Ferguson said, and isn’t what he saw.
“As I'm looking at the video, that everyone else is, it looks like he shouldn't be charged with anything,” he said. “The question is going to come down to what, if anything, was going on that the video can't show.”
While volunteers described Gamboa’s behavior as “suspicious,” Ferguson said someone walking oddly while carrying a rifle does not constitute a “grave risk of death.” It would be different, however, if Gamboa were pointing his gun at the crowd.
“I mean, we can't live in a society where we have to monitor our posture and our gait to determine whether we should be seen as causing a grave risk to other people,” Ferguson said.
From a legal perspective, the entire case is “really messy,” Ferguson acknowledged. Prosecutors will have to decide whether it was reasonable for the volunteer to open fire, and the answer to that question will decide who gets charged.
Gill had until June 19 to decide whether to file charges against Gamboa, release him or extend his hold. With the hold in place, that affords prosecutors more time to review the police department’s investigation and decide on any charges.
“I ask for everyone’s patience,” Gill added in his statement. “When a person loses their life we are all impacted as a community. It is critical that we are thorough, accurate, and faithful to the truth. Arthur Afa Ah Loo’s family and our community of citizens deserve no less.”