Less than a day after a judge granted a request from Salt Lake City District Attorney Sim Gill to extend his detention, another judge has reversed course and ordered the release of Arturo Gamboa.
His attorney, Greg Skordas, had sought his release because “he is being unlawfully detained in violation of his constitutional rights.”
After a preliminary review of the evidence, Gill’s office said Friday it would not be able to decide on whether to charge Gamboa by Monday, when he was set to be released after the extension.
Third District Judge James Blanch signed the order to release Gamboa from jail, as long as he resided with his father, did not possess a gun and gave his passport to his attorney.
In a text message to KUER, Skordas said Gamboa “will be released this evening. He should never have been in jail in the first place. Thankfully the DA was willing to review the evidence and be fair with us.”
Gamboa is the only person in custody following the June 14 shooting at the “No Kings” protest in downtown Salt Lake City. Around 8 p.m., a “safety volunteer” and another man said they spotted Gamboa, who was wearing all black clothing, move behind a wall and withdraw a rifle from a backpack, according to the police. The men were armed and drew their handguns and ordered Gamboa to drop his weapon.
The men told police they thought Gamboa was going to cause harm, and the volunteer fired his handgun three times, hitting both Gamboa and an innocent bystander. The protester, Arthur “Afa” Ah Loo, was pronounced dead at the hospital.
A police affidavit of his arrest accused Gamboa of creating the situation that led to Ah Loo’s death and showing a “depraved indifference to human life.” The safety volunteers were questioned but not detained. The district attorney said the investigation includes whether the man was justified in firing his weapon.
In the petition to release Gamboa, Skordas argued there was no substantial evidence that he committed murder and thus should not be detained without bail. When Gamboa was shot by the volunteer, Skordas said his gun was pointed at the ground and unloaded.
“There is ample material already made public showing Gamboa did not commit murder,” Skordas wrote.
The Salt Lake City Police Department will continue to investigate, and the district attorney’s office said it will review additional evidence as it is made available.
