In the video from the 2014 trial, defendant Siale Angilau can be seen standing from his chair, taking a pen from his defense counsel's table, sprinting and lunging toward the witness, who narrowly ducked out of the way before a USA marshal shot four times, striking Angilau.
The witness, Vaiola Mataele Tenifa, was a former member of the Tonga Crip Gang and was testifying in the witness box of the courtroom. He was not hurt, the "Daily Mail" reports. A deputy US marshal, who is only identified a Jane Doe in court documents, fires four shots at him, killing him, KSL in Salt Lake City reported. Dowdell also ordered the release of the courtroom video, which had been the subject of a lengthy court battle involving media outlets, including Fox 13, over freedom of information and the First Amendment.
An FBI investigation found the shooting was legally justified.
But Angilau family's attorney, said a jury should see the video and make a decision about whether the marshal used appropriate force.
He then dashes towards the witness and attempts to vault onto the stand, brandishing the pen.
'His attack was stopped by the shots that Jane Doe rapidly fired, in less than one and one-half seconds'.
The video is muzzed to keep the judge, officers and any witnesses in the courtroom from being identified.
As U.S. District Judge Tena Campbell was escorted out of the courtroom, someone called 911 at the end of the released video.
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Angilau was shot dead by a US Marshal.
U.S. District Judge John Dowdell, the judge who released the footage, dismissed a lawsuit from the Angilau family.
He points out that Angilau was already down on the ground for the final three shots and that a courtroom full of officers could have stopped him to stop him before he harmed anyone with the pen.
His family have not yet decided if they will appeal the judge's dismissal of their lawsuit.
'There was no necessity to use force'.
He was in court after being one of 17 people named in a 29-count racketeering indictment filed in 2008, which accused gang members of conspiracy, assault, robbery and weapons offenses. He was the last defendant in the case to stand trial.
Faces of the judge, attorneys and jurors are blurred out and the agency declined comment about the release of the video.
The media coalition including the AP fought for several years with government attorneys to have the video released publicly, arguing that the shooting raised questions about police use of force and upholding the principle of open courts.
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