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By Chris Boyette, Holly Yan, CNN
(CNN) — Newly released video appears to show the man arrested on suspicion of murder for the death of an innocent bystander at a “No Kings” protest in Salt Lake City walking away with his rifle pointing down moments before the deadly gunfire, CNN affiliate KSTU reported – challenging initial claims made by witnesses.
Arturo Gamboa was arrested on suspicion of murder after witnesses told police he pointed an AR-15-style rifle at the crowd. Gamboa’s actions led a “peacekeeper” at the event to open fire in Gamboa’s direction – striking innocent bystander Arthur Folasa Ah Loo, police said.
Ah Loo was among 18,000 protesters who packed downtown Salt Lake City for the “No Kings” protest – one of 2,000 such events nationwide denouncing the Trump administration.
Now, days after the father and beloved fashion designer was killed, it’s still not clear whether the “peacekeeper” who shot him will face any charges. And Gamboa, the man arrested on suspicion of murder, was released Friday with conditions, as authorities continue to investigate and determine whether to charge him, the district attorney’s office said.
Here’s what we know and what to expect in the investigation:
Gunfire erupted just before 8 p.m.
Two “peacekeepers” volunteering with event organizer Utah 50501’s safety team told police they noticed Gamboa behaving suspiciously and “pull out an AR-15-style rifle from a backpack and begin manipulating it,” the Salt Lake City Police Department said.
Under Utah law, adults 21 and older may openly carry or conceal a firearm without a permit.
The “peacekeepers,” who were armed with handguns and wearing neon green vests, told police they “ordered Gamboa to drop the weapon” before one of them opened fire, police said Sunday.
Witnesses reported Gamboa holding the rifle in a firing position and running toward the protesters after being confronted by the “peacekeepers,” police said.
A police sergeant heard gunfire just before 8 p.m. local time.
“As panic spread throughout the area, hundreds of people ran for safety, hiding in parking garages, behind barriers, and going into nearby businesses,” police said.
The “peacekeeper” fired three rounds – fatally wounding Ah Loo and striking Gamboa, who was taken to a hospital before he was booked into the Salt Lake County Metro Jail on suspicion of murder, authorities said.
Salt Lake City police explained why they thought a murder charge against Gamboa would be appropriate, even though he did not shoot Ah Loo.
“Detectives have developed probable cause that Gamboa acted under circumstances that showed a depraved indifference to human life, knowingly engaged in conduct that created a grave risk of death and ultimately caused the death of an innocent community member,” police said Sunday.
New video raises more questions
Initial footage from the scene shows bystanders flagging police to a man wearing a black shirt, black jeans and black boots.
“That’s a rifle right here,” one man is heard saying. “I just grabbed it from this guy right here,” gesturing to the man in black, later identified as Gamboa.
The video shows officers rushing Gamboa and taking him into custody.
But the new video obtained by KSTU shows a different angle of the shooting, potentially challenging the original narrative reported.
Police first said witnesses reported Gamboa pointed his rifle and ran at demonstrators after the “peacekeepers” told him to drop his weapon. But the newly released video appears to show Gamboa’s rifle pointing toward the ground, and he doesn’t start running until after the “peacekeeper” fires his gun.
The video also shows Gamboa jogging along the protest route and then ducking behind a fence – a move the “peacekeeper” told detectives he found suspicious.
Gamboa can be seen on the video through the slats in the fence and it appears he bends down. Police have said he removed the rifle from his backpack. The rifle cannot be seen in this video.
CNN has not independently obtained or verified the newly released video.
In a statement Thursday, police said it would be “inappropriate and premature” to comment on any specific evidence.
“Our focus is on conducting a thorough, impartial, and fact-driven investigation to ensure the integrity and fairness of any future legal proceedings,” the statement said.
Gamboa is released on conditions
No murder charge has been finalized against Gamboa, the Salt Lake County District Attorney’s Office told CNN this week.
A district court judge signed an order to release Gamboa with conditions on Friday, according to the court order obtained by KSTU.
“And upon that review, the state has determined that it will be unable to make an informed decision as to whether charges against Mr. Gamboa will be filed or declined before his scheduled release date of (Monday),” according to the order. “The state is continuing its review of evidence as it becomes available while Mr. Gamboa is released with stipulated conditions agreed to through his attorney, Greg Skordas.”
Gamboa’s lawyer, Skordas, raised concerns about how many days his client was in custody without charges and not having the opportunity to see a judge, he said in an email to CNN on Saturday.
“That’s when I decided I had to do something so I filed the motion for his release,” he said.
Under the release conditions, Gamboa has to maintain residence with his father, not possess any firearms and forfeit his passport to his attorney, according to the court order.
He was released Friday while he waits to see if any formal charges will be filed. This comes after the court granted a motion from the DA’s office to extend his detention.
Without the extension, authorities would have had to formally bring charges against Gamboa or release him within 72 hours of his arrest, per state law.
“A three-day extension was requested because the Salt Lake County District Attorney’s Office has not yet received a formal screening of the evidence associated with the charge of murder, for which Mr. Gamboa was booked,” the DA’s office said in a statement. “Detectives continue to interview witnesses and involved parties, as well as review voluminous amounts of surveillance and amateur footage of the incident.”
Authorities have not identified the “peacekeeper” who shot Ah Loo and declined to comment on whether he will be charged in connection with the shooting.
“Detectives are still actively investigating this case,” including the actions of the peacekeepers, police said.
Gamboa would never hurt anyone, friend says
A longtime friend told CNN Thursday Gamboa would never hurt anyone.
“Arturo is not violent, he’s never been violent,” Konrad Keele said. “Anyone that knows Arturo loves Arturo. He’s always been kind and very gentle.”
Keele said he’s known Gamboa for nine years after meeting him through Salt Lake City’s independent punk rock scene.
“I would say the chances of him even thinking about doing a mass shooting are zero,” Keele said.
Gamboa’s family is “broken-hearted and very confused,” Keele said.
National group cuts ties with local organizers
Utah 50501, the group that organized the protest, told The Salt Lake Tribune that the “peacekeepers” are “safety volunteers” who were responding to a perceived threat against the demonstrators.
“Our team of safety volunteers, who have been selected because of their military, first responder, and other relevant de-escalation experience, believed that there was an imminent threat to the protestors and took action,” the group said.
“The safety volunteer who responded to the individual and who was questioned by police is a military veteran.”
But the national 50501 group – which stands for 50 states, 50 protests and 1 movement “against the authoritarian actions of the Trump Administration” – has severed ties with the 50501 branch in Salt Lake City.
“Due to SLC 50501’s disregard for our nonnegotiable values, we are no longer affiliated with them,” the national group posted on Facebook.
“Every action organized under the 50501 name is expected to uphold a strict no-weapons policy, without exception.”
The Salt Lake City Police Department is seeking video footage from before, after and during the shooting as they work “to piece together exactly what happened,” the department said.
The “peacekeepers” were not “overseen, sanctioned, or trained” by the department, and neither of the two men is a current or former law enforcement officer, police said.
“From the department’s standpoint, these persons are considered members of the public, subject to the same rights and responsibilities as any other person in Utah,” police said in a statement.
A husband, a father and an acclaimed fashion designer
Ah Loo, who went by the name Afa, was a husband, a father and a renowned fashion designer, according to a GoFundMe page established to help his widow Laura and their two children.
The 39-year-old Utah resident was also a co-founder of the nonprofit Creative Pacific and appeared on the fashion design reality TV show “Project Runway.”
“Afa was a proud Samoan, deeply connected to his culture and community…he shared his heritage with passion and creativity,” the GoFundMe page said.
Ah Loo’s legacy will have a lasting impact, Utah 50501 told The Salt Lake Tribune.
“Afa’s name, courage, and commitment to his people will never be forgotten,” the group said.
This story has been updated with additional information.
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CNN’s Natalie Barr contributed to this report.
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