Utah judge advances manslaughter case against No Kings volunteer who thought he was preventing a mass shooting

A Utah judge found probable cause to proceed with manslaughter charges against a volunteer safety team member who fatally shot a protester while firing at a black-clad man who had a rifle.(CN) — A Utah state judge found Tuesday the Salt Lake County District Attorney’s Office has probable cause to charge a man with manslaughter after a No Kings protest turned deadly last year.Matthew Alder, who was a volunteer safety team member during the protest, shot three rounds at a man he thought was going to open fire into a crowd of protesters during the June 14, 2025, event in downtown Salt Lake City, Utah.Alder shot and injured Arturo Gamboa, who was dressed in all black with a ski mask and rifle. However, one of his rounds also struck and killed protester Arthur “Afa” Ah Loo.Salt Lake County District Attorney Sim Gill filed manslaughter charges against Alder last December.Alder, who did not testify during a hearing Tuesday, initially told police he was reluctant to shoot but was concerned Gamboa was about to “mag dump” into the crowd.Alder’s defense attorneys suggested the angle and velocity of the gunshot that struck Ah Loo could have been a ricochet based on new forensic evidence and an autopsy of the dead man.“The investigation says there is no indication that a ricochet caused this, and that’s just not true,” defense attorney Neal Hamilton argued. “There is evidence that something intervened and caused it to tilt and travel at an angle.”But Deputy District Attorney Josh Graves argued Alder fired his gun recklessly against a backdrop of protesters.“Each time he pulled that trigger, there was a conscious decision,” Graves said. “Whether he’s justified to do that or not, we’ll talk about that another day.”Third Judicial District Judge Derek Williams agreed the state had met its burden of establishing probable cause.“It’s clear it was in the direction of a crowd of people,” Williams said at the end of the all-day hearing. “There is evidence that there were at least three, if not four, people in between where Alder was standing and where Mr. Gamboa would have been standing.”The third shot struck Ah Loo, who immediately fell to the ground, Salt Lake City Police Detective Bradley Shupe told the court. One of the shots also grazed Gamboa’s left abdomen.Shupe described the situation that night as chaotic.Gamboa fled, discarding some of his black clothing, mask and rifle, Shupe said. He walked down the street, even past police officers, attempting to blend in with the crowd, the detective said.Protesters directed police to his location, and he was arrested by police at the scene in connection with Ah Loo’s death.Safety team members who were called to testify described an anxious atmosphere where various agitators and counterprotesters — described by the witnesses as “chuds” — drove around in trucks and brandished weapons.Safety team members were discouraged from bringing weapons to the protest, but Aaron Ferdig said he decided to carry a handgun given the heightened risk environment and the assassination of two Minnesota state lawmakers the same morning, he said.Safety team member Nathan Berkstrom told the courtroom he saw Gamboa tucked behind columns of a building when he retrieved and assembled a rifle from a bag.“The way he was conducting himself in a clandestine manner, it was beyond suspicion,” Berkstrom said. “I thought it was someone who was going to commit a mass shooting.”Berkstrom, who was unarmed, said he described the situation over the radio and called other safety team members to the location.Ferdig also said Gamboa’s behavior stood out.“Why would somebody be trying to assemble a rifle toward the end of a protest in concealment — it just read warning signs of danger,” Ferdig said.The safety team shouted at Gamboa to drop the gun as he made his way toward the crowd, but he started moving faster instead, Ferdig said.Ferdig, who was armed, drew and aimed his handgun at Gamboa. But he hesitated, partially out of fear of striking other protesters, he said.Ferdig also reported what he thought was a Confederate flag in Gamboa’s backpack. But the flag turned out to be a Venezuelan flag.Police found loaded rifle magazines in his bag, but they never found evidence that the rifle was loaded, Shupe said.On cross-examination by Alder’s attorneys, Shupe agreed that Gamboa’s behavior was suspicious.Gamboa was later cleared of any wrongdoing.In media interviews, Gamboa said he was at the protest to express his First and Second Amendment rights.Alder’s defense attorneys also questioned why the police did not conduct a more thorough investigation of Gamboa’s social media history.A pretrial conference is scheduled for Dec. 11.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads