- Matt Scott Alder, 43, faces a manslaughter charge accusing him of shooting and killing a bystander during a June 14 No Kings protest.
- District Attorney Sim Gill announced that no charges will be filed against Arturo Roberto Gamboa, who was also shot and initially arrested.
- The victim's widow called the decision to file the charge "both moral and just."
SALT LAKE CITY — A so-called "peacekeeper" accused of shooting and killing an innocent bystander during the No Kings protest in Salt Lake City in June is now facing a criminal charge for his alleged actions.
Salt Lake County District Attorney Sim Gill announced Wednesday that he has charged Matt Scott Alder, 43, of Murray, with manslaughter, a second-degree felony, saying Alder fired a reckless shot into a crowd that killed Arthur "Afa" Folasa Ah Loo, 39.
Gill also announced he is declining to file charges against Arturo Roberto Gamboa, the man originally arrested for investigation of murder who was also shot during the incident.
"Although Mr. Gamboa engaged in what could reasonably be perceived as alarming and irresponsible conduct by assembling an AR-15 under the cover during a mass gathering, he was lawfully permitted to carry the rifle in a concealed, and subsequently open manner under existing Utah law," Gill stated in his letter to Gamboa declining to file charges. "There is insufficient evidence that he committed a clear violation of criminal law such as aggravated assault, possession of dangerous weapon with intent to assault or any other firearm offenses."
On June 14, Salt Lake police say Gamboa, 24, was carrying a rifle during a large No Kings protest in downtown Salt Lake City as an estimated 10,000 people marched on State Street. Two men who described themselves as part of a peacekeeping group for the rally spotted Gamboa near 151 S. State. One of the men says he watched Gamboa move away from the main crowd to a secluded area behind a wall and assemble the rifle.
The peacekeepers were part of the protest's "safety team."
"All safety team members wore high visibility vests and carried first aid kits and radios. Several safety team members voluntarily carried firearms. There did not appear to be any formal training to be a volunteer for the safety team," the charges state.
"Gamboa was wearing a black shirt, black cargo pants and black boots," and after the shooting, "detectives located three loaded rifle magazines in Gamboa's cargo pants along with a knife. In his backpack, detectives located a disassembled AR-15 rifle, a Venezuelan flag, and other identification documents," according to charging documents.
"Gamboa began to pull what (the second peacekeeper) recognized as part of a rifle out of his backpack and was struggling to pin it together to the other portion. (The second peacekeeper) began to be concerned, stating that he understood open carry, but that this felt different as Gamboa was assembling it under cover. (He) recalled calling out, 'Gun, gun, gun' over his radio. Gamboa then began moving toward State Street toward the march and (the second peacekeeper) saw the barrel of the rifle and believed that Gamboa was about to commit a mass shooting," the charges say.
That second safety team member, however, told investigators that he "did not have a shot" and "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," according to the charges.
Alder told detectives that he believed "Gamboa was going to 'mag dump into a crowd of people to kill as many people as he could,'" the charging documents say.
"I can't believe it, I saw him, he was loading an AR right there. I can't believe it. I pulled behind the column, and I took shots at him," Alder told investigators, according to the court documents.
As Alder and his partner moved in to confront Gamboa, Alder allegedly fired three rounds into the crowd. Gamboa was hit and injured by one of the first two shots. But Alder's third shot — which Gill called the "reckless shot" — hit and killed Ah Loo, an innocent bystander, according to the charges.
Another witness told investigators that Gamboa "was holding the gun in his right hand with his 'finger not on the trigger, but it was outstretched beyond the trigger guard,' and that his left hand was on the barrel. (The witness) stated that the barrel was in a downward angle and that if it had fired it would have hit her feet or leg," according to the charges.
Video surveillance collected by police shows Gamboa was "walking upright toward State Street with the barrel of his rifle pointing down toward the ground," the charges state. Another video shows that after Ah Loo was shot and as Gamboa was running, "detectives believe the video shows that Gamboa did not have a magazine inserted into his rifle at that moment."
Although Gamboa was initially arrested for investigation of murder, he was released after the Salt Lake County District Attorney's Office determined there was not enough evidence at that time to charge him. Alder was not arrested.
In October, four months after her husband's death and no charges filed against anyone, Ah Loo's widow, Laura Ah Loo, held a press conference calling on Salt Lake City to hold those responsible for her husband's death accountable. She and her attorney also said they anticipated filing a wrongful death suit against Alder. As of Wednesday, no civil action had been taken against him. But Ah Loo's attorney, Jim McConkie says he anticipates the lawsuit will be filed against Alder, and possibly others, after Christmas.
Laura Ah Loo and McConkie, held their own press conference Wednesday after Gill announced his decision to charge Alder.
"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. 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," Laura Ah Loo said in a statement.
"I am especially grateful for the diligence and determination of the district attorney's office and its investigators which allowed them to reach a decision that I feel is both moral and just."
Ah Loo called the charges a "significant first step in the right direction" that she hopes will lead to a safer environment at future public gatherings.
"It is my desire to help ensure that tragedies like this are prevented in the future, and that public spaces in our community remain safe. I wish so badly that losing my husband Afa — who was an incredible father, advocate, creative and champion for others — didn't have to happen unnecessarily to raise awareness of this issue," she said.
"The grief of losing him has been profound and overwhelming, and I am resolved to continue striving for meaningful justice and change and look forward to future cooperative efforts," she said.
McConkie added that filing a lawsuit will give his team subpoena power to find answers to questions such as how Salt Lake City vetted the process of granting a permit to allow the No Kings march, and who exactly applied for the permit in first place.
"The person who sought the license didn't give his real name," he said. "It was a complete fabrication."
McConkie says he agrees with the decision not to charge Gamboa and that he is satisfied that the district attorney came to the right conclusion in an appropriate amount of time.
"It's clear to us the Legislature gave (Gamboa) the right to carry a weapon, and he was not doing anything wrong. We have examined the evidence, we didn't see him raise the gun into the crowd as Mr. Alder claimed after the event," McConkie said.
"I think the hangup in this situation, from Sim Gill's point of view, was the law in Utah makes it more difficult to prosecute. ... I can see how a good prosecutor, and he is, would carefully consider potential defenses before filing a complaint."
