Angilau's family first filed the wrongful death lawsuit in 2014 - claiming he shouldn't have been shot because it was 'partially unreasonable, reckless and constitutionally excessive.
The 24-second footage shows Tongan Crips gang member, Siale Angilau, rush to the witness stand, jump and swing at the chained witness - a fellow gang member - who is barely able to back out of the way. He attempted to stab the witness but missed and fell onto the floor.
Former U.S. Attorney Brett Tolman told KUTV that Angilau told the judge he would behave so he didn't need to be shackled.
Angilau was an alleged leader of a local street gang called the "Tonga Crip Gang".
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Angilau jumped over the witness stand, hurling himself at the other gang member, who moves out of the stand just in time and retreats to the corner of the room. The police marshal's identity is now under suppression.
A judge dismissed an excessive force case against an officer after he shot and killed a defendant, who hurled himself at a witness who was testifying.
Robert Sykes, the Angilau family's attorney, said a jury should see the video and make a decision about whether the marshal used appropriate force.
She said the Federal Bureau of Investigation cleared the officer of any wrongdoing and that a review board found the use of force was within agency policy. Angilau (pictured) is no longer visible at that point.
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. "Angilau was in custody, but he essentially had escaped custodial control for those seconds during which he was executing his plan to assault the witness".
'His attack was stopped by the shots that Jane Doe rapidly fired, in less than one and one-half seconds'. "There was no necessity to use force", he said.
Sykes said the Angilau family hasn't decided if they'll appeal the ruling throwing out the wrongful death lawsuit.
Angilau was one of 17 people named in a 2010 indictment accusing Tongan Crip members of assault, conspiracy, robbery and weapons offenses. He was the last defendant in the case to stand trial.
Faces of nearly all the people present inside the courtroom at the time, including the judge is blurred in the video.
A mistrial was declared after the shooting.
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