Hill said police targeted Fallis for arrest on Oct. 27, because she was acting as an "instigator" and "agitator" by walking up to police and yelling at them, then turning around to get others riled up. He said officers waited for her to separate from the group, then brought her behind the police line for arrest.

It was during the arrest, as two officers tried to pin her down and force her into cuffs that she fired three shots from a gun in her left hand, Hill testified. He said the revolver removed from her hand had three spent casings and two live rounds in it. Officers also found two speed strips with six live rounds each in her pockets, he said.

During the hearing, Assistant U.S. Attorney David Hagler also showed an online video of Fallis' arrest, which Hill said one of the arresting officers confirmed as taken of the incident. The video, which was shot from the protester side of the confrontation, shows a person being arrested behind the police line and three pops can be heard. Hill conceded that no gun is visible in the video.

Hill also testified that Fallis made comments to law enforcement following her arrest along the lines of, "everyone has a right to a firearm" and "if I wanted to shoot or kill you law enforcement, I would've."