SALT LAKE CITY — A newly released email appears to back up claims made by Utah Gov. Spencer Cox that state officials had warned organizers of last month's "No Kings" protest about hiring private security.
Last week, Utah 50501 leaders called Cox "grossly misinformed" after the governor said in his monthly news conference that their group had been told that hiring its own security for the June 14 event was a "bad idea."
Fashion designer Afa Ah Loo was shot and killed when a volunteer peacekeeper shot at a man he believed was a threat for legally carrying an AR-15 rifle. A stray bullet struck Ah Loo, who died after being transported to the hospital.
In an email obtained by FOX 13 News and dated April 30, Michael Kelley, the assistant Utah attorney general assigned to the Capitol Preservation Board (CPB), explains to Utah 50501 leadership why private security is not allowed to operate during events.
Cox claims 'No Kings' protest organizers were warned that using peacekeepers was 'bad idea':
According to Kelley, security for approved events at the Capitol, which is a free speech area, is provided by the Utah Highway Patrol.
"Beyond that, a private security firm would not be allowed to operate at the [Capitol] without the authorization of the full CPB board and the CPB board has never given such authorization," Kelley wrote.
Kelley added that there would be "little point" to hiring private security as they would have no authority to exclude anyone from the protest, which Utah 50501 had allegedly expressed interest in doing.
Later in the email, Kelley specifically brings up the dangers of hiring a private security team for the protest, reiterating the point that no lawful person is allowed to be prohibited from the Capitol grounds, even if they share opposing views from those hosting the event.
"My concern is that private security / safety teams might not understand that fact — and that such persons, as partisans, might naturally be expected to react with unwarranted enthusiasm in enforcing perceived rights that do not, in fact, exist."
Kelley then shared an example that nearly matched what led to the shooting of Ah Loo as the protest march was nearing its end.
"If a 'community volunteer' were to take unlawful action against such a perceived trespasser under the mistaken belief that they had they had... a right to do so — that community volunteer might very well find themselves being arrested by the UHP," he wrote. "Moreover, such actions by a 'community volunteer' could conceivably result in your organization incurring liability for significant damages to the 'trespasser.'"
The man carrying the AR-15 was jailed for nearly a week after the shooting before being released as the Salt Lake County District Attorney's Office determines whether charges, if any, will be filed against him, the peacekeeper or anyone else possibly connected to the incident.
Read the entire email from Michael Kelly to Utah 50501 organizers below: