A man accused of brandishing a rifle at a “No Kings” rally in Utah — prompting an armed safety volunteer to open fire and accidentally kill a protester — has been released from jail while the investigation continues.

Newly released video appears to show the man arrested on suspicion of murder for the death of an innocent bystander at a “No Kings” protest in Salt Lake City walking away with his rifle pointing down moments before the deadly gunfire,

Arturo Gamboa, the man wounded last week while carrying an AR-15 style rifle during the “No Kings” protest, will be released after prosecutors said Friday afternoon they could not determine whether or not to charge him before a June 23 deadline.