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SALT LAKE CITY -- A man who wrestled a gun away from a prison escapee in 2007 testified Wednesday in a preliminary hearing for Curtis Allgier.
Eric Fullerton, 62, told a court he was inside an Arby's Restaurant in June of 2007, when an armed Curtis Allgier burst in, ordered everyone to the floor, grabbed a clerk and began beating him with a gun.
June 25, 2007Family, Department of Corrections Mourn Loss of Officer
June 25, 2007Allgier Called a Friend with Alleged Confession
June 26, 2007Police: Allgier Killed Officer to Avenge Death of Fellow White Supremacist
June 27, 2007Curtis Allgier Speaks From His Jail Cell
June 29, 2007Sticking Points in Case Against Curtis Allgier
July 2, 2007Prisoner Accused of Killing Officer Appears in Court
Sept. 7, 2007Preliminary Hearing Set for February 20
Jan. 29, 2008Allgier hearing postponed
March 6, 2008 Lawyer asks to be removed from Allgier case
June 22, 2008Public defenders to continue representing Allgier
July 12, 2008Judge steps down from Allgier case
Jan. 13, 2009Accused killer wants new lawyers
Jan. 30, 2009Murder suspect avoids court due to handcuff issue
Feb. 27, 2009Allgier's lawyers in court over letter
March 13, 2009Judge orders Allgier letter unsealed
Aug. 15, 2009High court to review Utah prison guard murder case
March 23, 2010Death penalty sought for inmate in guard's killing
March 24, 2010Man facing death penalty for officer's death to be married
March 30, 2010Preliminary hearing begins in Allgier case
Fullerton, who said he's a Vietnam combat veteran, went after Allgier.
"I can't explain what made me do it," Fullerton told reporters after he testified. "I just felt that he was going to kill the guy, and I felt that if I didn't do something, or somebody do something, there was going to be bodies. I couldn't let that happen."
Allgier was fleeing from police when he entered the restaurant. He's accused of shooting and killing corrections officer Stephen Anderson with his own gun during an escape attempt while at a medical appointment at the University of Utah.
Fullerton testified that while Allgier was holding the clerk, then 46-year-old Alejandro Gomez, he pointed the gun at Gomez and fired. Gomez had fallen back, so the bullet missed him.
Fullerton described to prosecutors how he jumped over a counter, grabbed Allgier's arm and began to pry his fingers off the gun.
"He and I were just left there alone and struggling for the gun, and yeah, I figured this is it, I'm dead," Fullerton said.
At some point, he said Allgier was able to grab a kitchen knife and cut at his throat.
"All I felt was the coldness of the steel. I didn't feel being cut," he said.
After getting the gun out of Allgier's hand, Fullerton said he pointed the gun at him and told him, "Don't even think about it."
At that point, Fullerton took the gun and headed for the exit.
"He's got the knife, I've got the gun; contest over," he told the court.
But the danger was not over for Fullerton, who said he heard a shot as he was exiting the store. He said he was told later that a police officer had fired that shot, thinking Fullerton was the suspect.
Prosecutors later confirmed to KSL News that an officer did fire a shot from outside the store.
Fullerton said he then put his hands up in the air, holding the gun only by the trigger guard and his thumb and walked out of the store.
He then got down on the ground and pushed the gun away from himself. Police almost immediately surrounded him. Allgier was arrested inside.
Others who were inside the store at the time called Fullerton a hero. Fullerton said he just did what needed to be done.
"If the thing happened again right now, I'd do the exact same thing," he said
Allgier is in the middle of a scheduled four-day preliminary hearing on capital murder charges for Anderson's death, three other charges of attempted murder, and a list of additional charges.
Defense attorneys questioned Fullerton about where he was standing at various times during the confrontation, and about what he was or was not able to see from his vantage point.
E-mail: mgiauque@ksl.com
