Siale Angilau, 25, a member of the Tongan Crips gang was shot dead in court after grabbing a pen before running towards the witness, another gang member to assault him.
Court footage shows the witness dodging out of the way before a US Marshal shot Angilau, four times.
The incident which was recorded took place in 2014 but has only now been released to the public, following pressure from outlets including the Salt Lake Tribune after US District Judge John Dowdell dismissed a lawsuit brought by Angilau’s family claiming excessive force.
The judge’s statement read ’The video completely contradicts the plaintiffs’ argument that Angilau stopped posing a danger within less than one second of launching himself over the witness stand while making a stabbing motion with a pen in his hand.”
In the clip, an officer can be heard yelling at Angilau: “Drop the pen, drop the pen out of your hand.”
Angilau’s family pushed for a jury to see the video to deem if the marshal used excessive force or not after the FBI found the shooting was justified.
Robert Sykes, the attorney claims the witness was not in danger since he moved out of harms way and that make the shooting unnecessary.
“Those last three shots were all after he’s been shot once down on the ground in the back, and that’s the problem I have with this case. There was no necessity to use force.”
However, Judge Dowdell said that the marshal who is being referred to as Jane Doe stopped the attack.
“Angilau was in custody, but he essentially had escaped custodial control for those seconds during which he was executing his plan to assault the witnesses.
“His attack was stopped by the shots that Jane Doe rapidly fired, in less than one and one-half seconds.”
Angilau was rushed to the hospital with bullet wounds and at least one critical chest wound he later died from his injuries.
He was standing trial after being called out as 1 of 17 people named in a 29-count racketeering indictment that accused gang members of conspiracy, assault, robbery and weapons offences.
Angilau was also accused of assaulting two federal officers and brandishing a firearm.
His family have not yet decided if they will appeal the judge’s dismissal of their lawsuit.