Jurors heard Tuesday from the person credited with subduing accused Gasoline Health shooter Jonathan Douglas Shaw following a gunfight within the Kalispell gym’s parking zone in September 2021.
William Keck testified in Flathead County District Court docket that he used to be leaving the gymnasium to grasp his pockets from his truck to pay for a protein drink when he heard a chain of bangs, likening them to firecrackers. Then he noticed Matt Underhill, the gymnasium’s assistant supervisor, operating towards him.
“He used to be operating for his existence,” Keck recalled on July 11. “It’s worthwhile to see concern in his face.”
Underneath wondering from Deputy County Legal professional Ashley Frechette, who’s prosecuting the homicide case along 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 at the flooring.
“He wasn’t shifting,” mentioned Keck, breathing in sharply.
Shaw, 37, faces counts of planned murder and tried planned murder for the Sept. 16 capturing that left Hurley lifeless and Keck with a bullet wound to the leg. He pleaded now not in charge to the fees in October 2021.
Prosecutors alleged that Shaw shot Hurley, who labored because the gymnasium’s supervisor, after he and Underhill faced him over dwelling in a trailer within the gym’s parking zone. The pair canceled Shaw’s club and left a money refund by way of his truck. Shaw had refused the cash, requesting extra, in keeping with court docket paperwork and court testimony.
Because the pair headed again towards the gymnasium, Shaw allegedly exited his car and walked towards them in “an competitive way,” in keeping with Underhill, who testified on Monday, the primary day of the trial. In line with Underhill, Shaw advised Hurley he would kill him after which opened fireplace.
Hurley fell to the bottom after the preliminary salvo, in keeping with court docket paperwork. Shaw ready to go away, paused after which fired at Hurley another time, prosecutors alleged.
Keck testified that he made it to his car in a while thereafter, his ideas racing.
“1,000,000 issues,” he answered when prosecutors requested what used to be going via his thoughts.
“To prevent the shooter,” Keck added after a beat.
Keck mentioned he noticed Shaw opposite into his trailer, the collision making a clap of noise. Keck recalled shouting instructions at Shaw, ordering him to forestall. He gained gunfire as a answer.
“He in an instant fired,” Keck mentioned, refuting Shaw’s protection lawyers’ model of the way the parking zone firefight spread out.
Keck recalled firing six occasions. Shaw, he mentioned, emerged from quilt. Keck ordered him to the bottom and Shaw, by way of then bleeding from wounds, looked as if it would comply ahead of 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 used to be happening he shot two extra occasions.”
Keck mentioned he simplest spotted a dampness on his leg after Shaw had long gone to flooring. He advised the jury he discovered he used to be bleeding. With Shaw now face down at the flooring, Keck retrieved his canine from his truck and hobbled again towards the gymnasium.
Keck testified that he used to be afraid right through the come upon.
“I used to be in concern he used to be going to kill any individual else, shoot any individual else,” he mentioned.
WITNESSES TO the capturing and its aftermath featured prominently in the second one day of the homicide trial, as prosecutors persevered to mount their case in opposition to Shaw. Whilst gymnasium consumers and workers recounted the noise of gunshots and a hobbled, bleeding and armed Keck returning to the protection of the development, protection lawyers Colin Stephens and Paul Simon highlighted contradictions within the various accounts.
Keck recalled clearing his gun upon reentering the gym, pulling out the mag and ensuring it used to be unloaded. Any other witness, Hunter Maier — then a gymnasium member, now a Kalispell Police officer — advised Simon underneath go exam that he cleared the gun and got rid of the mag.
Stephens and Simon contended that Shaw feared either one of the gymnasium workers — Hurley and Underhill — all the way through the war of words. The 37-year-old assumed the 2 have been armed and so they outnumbered him, Simon mentioned in his opening remark on Monday. Shaw idea he used to be justified in capturing, Simon mentioned.
All over go exam of a then-Gasoline Health worker, Kim Ypma, Stephens targeted at the discussions she had with Hurley previous to the war of words with Shaw. Hurley by way of then knew that Shaw used to be dwelling in a trailer parked within the gymnasium’s lot and spoke with Ypma about having him got rid of, she recalled.
Stephens pressed Ypma on whether or not Hurley referred to Underhill as his “muscle” previous to leaving the gymnasium to confront Shaw. Underhill may now not recall being referred to with that adjective all the way through his time at the witness stand.
“The solution is sure, however the two gents have been buddies,” Ypma answered after a pause. “The item is, it used to be very mild. My coworkers have been simply mild and glad to paintings there.”
Stephens additionally requested if both of the boys made connection with a sledgehammer. The 2 protection lawyers had raised the presence of the instrument on the gymnasium all the way through yesterday’s complaints. Underhill had advised them that he idea there used to be one on the gymnasium, however may now not commit it to memory arising within the moments ahead of the capturing. He later reiterated neither guy used to be armed as they headed out to talk with Shaw.
Ypma advised the jury she remembered one among them citing a sledgehammer, however sought to contextualize it.
“The whole lot used to be very mild,” she mentioned. “Those younger males joked always.”
Stephens and Simon even have highlighted via go exam the loss of interplay workers had with Shaw, despite the fact that he belonged to the gymnasium for no less than 5 months. The pair puzzled every of the workers to testify on whether or not they might recall assembly Shaw previous to that September.
As for Keck, Simon pressed him on how a lot data he sought from Underhill ahead of heading again to his truck to grasp his handgun. Did Keck search main points at the shooter or the place the capturing passed off? No, answered Keck.
After a bit of of back-and-forth, Keck showed his cell phone, like his gun, used to be within the truck.
“Did you assume to name 911?” Simon requested him.
“No, I didn’t,” Keck answered.
Information Editor Derrick Perkins can also be reached at 758-4430 or dperkins@dailyinterlake.com.
