More than five months after the fatal shooting at Salt Lake City’s June No Kings march, Salt Lake County District Attorney Sim Gill has decided who to charge: the safety volunteer who fired his gun.
Forty-three-year-old Matthew Scott Alder has been charged with manslaughter, a second degree felony, in the death of bystander Afa Ah Loo, who was fatally shot at the march.
At the time, two march safety volunteers — previously called "peacekeepers,” one of whom is now known to be Alder — saw a man open-carrying a rifle. They told investigators they thought the man, Arturo Gambo, was going to commit a mass shooting. Alder shot at Gamboa three times, injuring him and fatally striking Ah Loo who was standing in the crowd.
After the district attorney’s investigation, Gill said they believe Alder acted recklessly when he fired that third shot into the crowd.
Gill said this was a complicated case because of two areas of state law. Utah has “very liberal open carry laws,” meaning Gamboa is allowed to carry a rifle like he did. The state also has a “very robust self-defense justification law,” which Gill said “provides a safe harbor to the use of lethal force against others.”
“While you may have a right to use lethal force, that doesn't mean that that lethal force can be used in a reckless manner,” Gill said, summing up their argument against Alder.
The district attorney’s office declined to charge Gamboa, stating there was insufficient evidence.
“Although Mr. Gamboa engaged in what could reasonably be perceived as alarming and irresponsible conduct by assembling an AR-15 under cover during a mass gathering, he was lawfully permitted to carry the rifle in a concealed and subsequently open manner,” the office wrote.
Gamboa was arrested after the shooting, detained for several days and later released. Alder was taken into custody for questioning at the same time, but never booked into jail.
As part of their investigation, Gill’s office and Salt Lake City Police reviewed videos, photos and interviewed witnesses.
The charging documents describe one volunteer, identified as “A.F.,” noticing Gamboa, who was dressed head-to-toe in black, break from the crowd. He took a rifle out of his backpack and assembled it. A.F. called over Alder. The volunteers told Gamboa to drop his weapon, which a witness heard.
While the safety volunteers said Gamboa was running toward the crowd, the video cited in the charging document contradicts that and shows he was walking upright toward State Street with his barrel pointed down. It was later found he had loaded magazines in his cargo pants’ pocket, but police believe, based on video, that his gun was not loaded at the time. Since the shooting, Gamboa’s friends have said he often open-carried at protests.
The volunteer who did not fire his weapon told police, “there’s no way I can shoot him when he’s running toward a crowd. I mean, I’m accountable for every bullet that comes out of my gun.”
Alder, on the other hand, fired three times. Investigators say one second passed between each shot. Later, Alder told detectives he feared Gamboa would “mag dump into a crowd of people to kill as many people as he could.”
Ah Loo was about 150 feet away from where Alder shot, according to charging documents. From photo evidence, investigators said several people were sitting and standing in the direct line of fire between Alder and Gamboa.
The bullet that struck Ah Loo’s head was tested in SLCPD’s crime lab. Gill said ballistic testing showed that the bullet “had no markings or damage indicative of ricochet," and matched Alder’s 9mm handgun.
There are no charges against Alder for injuring Gamboa with a shot.
Afa’s widow, Laura Ah Loo, and her legal team held a separate news conference in response to Gill’s announcement. She said that she was grateful that the district attorney’s office reached a “moral and just” decision.
“These past five months have been long, painful, and deeply frustrating as we waited for
answers after Afa’s life was so carelessly taken in June,” Ah Loo said. “For five months, there had not yet been any accountability for actions or clarity as to how such a horrific incident would be addressed, nor remorse from Matt Alder himself for taking Afa’s life from us and from the world.”
Although she added, she understands the legal complexities.
“Today’s charges represent a significant first step in the right direction and establish a precedent that I hope will lead to a safer environment at public gatherings in the future,” Ah Loo said. “No one else should have to go through what I have experienced in the future.”
In addition to his wife, Afa Ah Loo is survived by their two young children. Born and raised in Apia, Samoa, he was a fashion designer, and his friends and family have described him as a strong advocate and a pillar of Utah’s Pacific Islander community.
Her legal team confirmed they still plan to file a civil wrongful death lawsuit, which they originally announced in late October.
Gill said he has met with Alder’s attorney and that he has been cooperating. They’ve issued a summons for Alder, Gill said, but have not detained him because they believe he is not a flight risk.
After the shooting, there were questions about the Utah 50501 group that organized the event and has since gone silent, as well as allegations that the organizers were using pseudonyms. The national 50501 group disavowed the local chapter.
Gill said several volunteers on the march’s safety team had firearms, and there was no formal training to be on that team. For now, Gill does not plan to charge organizers because nothing has been presented to his office.
In Gill’s view, this case presents a problem that he thinks should be clarified by legislators in policy. He said two people were legally allowed to carry guns, and one of them may have had the right to claim self-defense. But it created a situation where there was a misunderstanding, and the price was paid by an innocent person. Gill suggested maybe there could be gun restrictions on public gatherings, “so you don't end up with those kind of misunderstandings.”
Laura Ah Loo’s attorney Jim McConkie agreed there should be policy changes to make situations like this less likely in future. What exactly needs to change, he said, will be clearer as more facts are revealed.
Gill emphasized that as of now Alder is presumed innocent. If found guilty, he could be sentenced to up to 15 years in prison.
