Video: Inmate recaptured

updated 6/26/2007 5:25:06 PM ET 2007-06-26T21:25:06

A restaurant employee avoided being shot during a struggle with an escaped Utah prison inmate, accused of earlier killing a corrections officer, because the inmate’s gun malfunctioned, authorities said Tuesday.

Curtis Allgier, whose heavily tattooed face includes a swastika and the words “skin head,” wrested a gun from corrections officer Stephen Anderson on Monday while he was in an examination room at the University of Utah orthopedic center awaiting a medical test, university Police Chief Scott Folsom said.

Authorities said Allgier killed Anderson, then led police on a high-speed chase in a stolen vehicle until he reached an Arby’s fast-food restaurant.

Inside the Arby’s, Allgier held the gun in the air and ordered customers and employees to the floor, Salt Lake City police Detective Mark Knighton wrote in court documents.

Two employees tried to wrest the weapon away, but Allgier pointed the gun at one and pulled the trigger, the report said.

“The gun had a malfunction and didn’t fire,” Knighton wrote. “Allgier then hit both employees with the gun.”

A 59-year-old customer, Eric Fullerton, then snatched the gun from Allgier, who was later captured by police while hiding in a manager’s office at the restaurant, authorities.

The employees’ names had not been released.

Allgier was being held without bail for investigation of eight charges, including aggravated murder, which carries the death penalty. It was not known if he had an attorney.

Formal charges are likely this week, said Robert Stott, spokesman for the Salt Lake County district attorney’s office.

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