Gymnasium patron recounts gunfight with health middle shooter

Jurors heard Tuesday from the person credited with subduing accused Gasoline Health shooter Jonathan Douglas Shaw following a gunfight within the Kalispell health middle’s car parking zone in September 2021.

William Keck testified in Flathead County District Courtroom that he was leaving the fitness center to seize his pockets from his truck to pay for a protein drink when he heard a collection of bangs, likening them to firecrackers. Then he noticed Matt Underhill, the fitness center’s assistant supervisor, working towards him.

“He was working for his life,” Keck recalled on July 11. “You may see concern in his face.”

Beneath questioning from Deputy County Legal professional Ashley Frechette, who’s prosecuting the homicide case alongside Deputy County Legal professional John Donovan, Keck recounted sprinting to his truck and pulling a Taurus 9 mm from its middle console. That’s when he noticed Matthew Hurley on the bottom.

“He wasn’t transferring,” mentioned Keck, inhaling sharply.

Shaw, 37, faces counts of deliberate murder and tried deliberate murder for the Sept. 16 capturing that left Hurley lifeless and Keck with a bullet wound to the leg. He pleaded not responsible to the fees in October 2021.

Prosecutors alleged that Shaw shot Hurley, who labored because the fitness center’s supervisor, after he and Underhill confronted him over dwelling in a trailer within the health middle’s car parking zone. The pair canceled Shaw’s membership and left a money refund by his truck. Shaw had refused the cash, asking for extra, in line with courtroom paperwork and courtroom testimony.

Because the pair headed again towards the fitness center, Shaw allegedly exited his car and walked towards them in “an aggressive method,” in line with Underhill, who testified on Monday, the primary day of the trial. Based on Underhill, Shaw instructed Hurley he would kill him after which opened fireplace.

Hurley fell to the bottom after the preliminary salvo, in line with courtroom paperwork. Shaw ready to go away, paused after which fired at Hurley as soon as extra, prosecutors alleged.

Keck testified that he made it to his car shortly thereafter, his ideas racing.

“One million issues,” he replied when prosecutors requested what was going by his thoughts.

“To cease the shooter,” Keck added after a beat.

Keck mentioned he noticed Shaw reverse into his trailer, the collision making a clap of noise. Keck recalled shouting instructions at Shaw, ordering him to cease. He acquired gunfire as a reply.

“He immediately fired,” Keck mentioned, refuting Shaw’s protection attorneys’ model of how the car parking zone firefight unfolded.

Keck recalled firing six occasions. Shaw, he mentioned, emerged from cowl. Keck ordered him to the bottom and Shaw, by then bleeding from wounds, appeared to conform earlier than firing off two extra rounds, he mentioned.

“He went to his knees and I gave him the command to not [expletive] transfer,” Keck mentioned. “As he was taking place he shot two extra occasions.”

Keck mentioned he solely seen a dampness on his leg after Shaw had gone to floor. He instructed the jury he realized he was bleeding. With Shaw now face down on the bottom, Keck retrieved his canine from his truck and hobbled again towards the fitness center.

Keck testified that he was afraid all through the encounter.

“I used to be in concern he was going to kill another person, shoot another person,” he mentioned.

WITNESSES TO the capturing and its aftermath featured prominently within the second day of the homicide trial, as prosecutors continued to mount their case towards Shaw. Whereas fitness center patrons and workers recounted the noise of gunshots and a hobbled, bleeding and armed Keck returning to the protection of the constructing, protection attorneys Colin Stephens and Paul Simon highlighted contradictions within the various accounts.

Keck recalled clearing his gun upon reentering the health middle, pulling out the journal and ensuring it was unloaded. One other witness, Hunter Maier — then a fitness center member, now a Kalispell Police officer — instructed Simon beneath cross examination that he cleared the gun and eliminated the journal.

Stephens and Simon contended that Shaw feared each of the fitness center workers — Hurley and Underhill — through the confrontation. The 37-year-old assumed the 2 have been armed they usually outnumbered him, Simon mentioned in his opening assertion on Monday. Shaw thought he was justified in capturing, Simon mentioned.

Throughout cross examination of a then-Gasoline Health worker, Kim Ypma, Stephens centered on the discussions she had with Hurley previous to the confrontation with Shaw. Hurley by then knew that Shaw was dwelling in a trailer parked within the fitness center’s lot and spoke with Ypma about having him eliminated, she recalled.

Stephens pressed Ypma on whether or not Hurley referred to Underhill as his “muscle” previous to leaving the fitness center to confront Shaw. Underhill couldn’t recall being referred to with that adjective throughout his time on the witness stand.

“The reply is sure, however the two gents have been mates,” Ypma replied after a pause. “The factor is, it was very mild. My coworkers have been simply mild and glad to work there.”

Stephens additionally requested if both of the boys made reference to a sledgehammer. The 2 protection attorneys had raised the presence of the instrument on the fitness center throughout the day prior to this’s proceedings. Underhill had instructed them that he thought there was one on the fitness center, however couldn’t recollect it developing within the moments earlier than the capturing. He later reiterated neither man was armed as they headed out to talk with Shaw.

Ypma instructed the jury she remembered considered one of them mentioning a sledgehammer, however sought to contextualize it.

“All the pieces was very mild,” she mentioned. “These younger males joked on a regular basis.”

Stephens and Simon even have highlighted by cross examination the dearth of interplay workers had with Shaw, although he belonged to the fitness center for not less than 5 months. The pair questioned every of the workers to testify on whether or not they may recall assembly Shaw previous to that September.

As for Keck, Simon pressed him on how a lot data he sought from Underhill earlier than heading again to his truck to seize his handgun. Did Keck search particulars on the shooter or the place the capturing occurred? No, replied Keck.

After a little bit of back-and-forth, Keck confirmed his cell phone, like his gun, was within the truck.

“Did you assume to name 911?” Simon requested him.

“No, I didn’t,” Keck replied.

Information Editor Derrick Perkins could be reached at 758-4430 or [email protected].

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