A courtroom video has emerged of the moment a Crips gang member launched himself at a witness to attack him with a pen.
The footage from 2014 shows defendant Siale Angilau get out of his chair and run toward a gang member witness who was testifying against him.
A US Marshal can then be seen firing four shots at Angilau. He was rushed to hospital and later died from his injuries.
The video has become public after Angilau's family filed a lawsuit claiming excessive force was used in the incident.
In a statement obtained by Deseret News US District Court Judge John Dowdell said the video contradicts the plaintiff's argument that Angilau stopped posing a danger within less than one second of launching himself at the witness stand.
An FBI investigation also found the shooting was justified by law.
However Angilau's family believes a jury should see the video to decide if the marshal used appropriate force, their lawyer Robert Sykes told Deseret News.
Angilau was in court after being one of 17 named in a 29-count racketeering indictment filed in 2008. The case accused gang members of various offenses including assault and robbery.