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Gym patron recounts gunfight with fitness center shooter

by DERRICK PERKINS
Daily Inter Lake | July 12, 2023 12:00 AM

Jurors heard Tuesday from the man credited with subduing accused Fuel Fitness shooter Jonathan Douglas Shaw following a gunfight in the Kalispell fitness center’s parking lot in September 2021.

William Keck testified in Flathead County District Court that he was leaving the gym to grab his wallet from his truck to pay for a protein drink when he heard a series of bangs, likening them to firecrackers. Then he saw Matt Underhill, the gym’s assistant manager, running toward him.

“He was running for his life,” Keck recalled on July 11. “You could see fear in his face.”

Under questioning from Deputy County Attorney Ashley Frechette, who is prosecuting the murder case alongside Deputy County Attorney John Donovan, Keck recounted sprinting to his truck and pulling a Taurus 9 mm from its center console. That’s when he saw Matthew Hurley on the ground.

“He wasn’t moving,” said Keck, inhaling sharply.

Shaw, 37, faces counts of deliberate homicide and attempted deliberate homicide for the Sept. 16 shooting that left Hurley dead and Keck with a bullet wound to the leg. He pleaded not guilty to the charges in October 2021.

Prosecutors alleged that Shaw shot Hurley, who worked as the gym’s manager, after he and Underhill confronted him over living in a trailer in the fitness center’s parking lot. The pair canceled Shaw’s membership and left a cash refund by his truck. Shaw had refused the money, asking for more, according to court documents and courtroom testimony.

As the pair headed back toward the gym, Shaw allegedly exited his vehicle and walked toward them in “an aggressive manner,” according to Underhill, who testified on Monday, the first day of the trial. According to Underhill, Shaw told Hurley he would kill him and then opened fire.

Hurley fell to the ground after the initial salvo, according to court documents. Shaw prepared to leave, paused and then fired at Hurley once more, prosecutors alleged.

Keck testified that he made it to his vehicle shortly thereafter, his thoughts racing.

“A million things,” he replied when prosecutors asked what was going through his mind.

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

Keck said he saw Shaw reverse into his trailer, the collision creating a clap of noise. Keck recalled shouting commands at Shaw, ordering him to stop. He received gunfire as a reply.

“He instantly fired,” Keck said, refuting Shaw’s defense attorneys’ version of how the parking lot firefight unfolded.

Keck recalled firing six times. Shaw, he said, emerged from cover. Keck ordered him to the ground and Shaw, by then bleeding from wounds, appeared to comply before firing off two more rounds, he said.

“He went to his knees and I gave him the command not to [expletive] move,” Keck said. “As he was going down he shot two more times.”

Keck said he only noticed a dampness on his leg after Shaw had gone to ground. He told the jury he realized he was bleeding. With Shaw now face down on the ground, Keck retrieved his dog from his truck and hobbled back toward the gym.

Keck testified that he was afraid throughout the encounter.

“I was in fear he was going to kill someone else, shoot someone else,” he said.

WITNESSES TO the shooting and its aftermath featured prominently in the second day of the murder trial, as prosecutors continued to mount their case against Shaw. While gym patrons and employees recounted the noise of gunshots and a hobbled, bleeding and armed Keck returning to the safety of the building, defense attorneys Colin Stephens and Paul Simon highlighted contradictions in the varying accounts.

Keck recalled clearing his gun upon reentering the fitness center, pulling out the magazine and making sure it was unloaded. Another witness, Hunter Maier — then a gym member, now a Kalispell Police officer — told Simon under cross examination that he cleared the gun and removed the magazine.

Stephens and Simon contended that Shaw feared both of the gym employees — Hurley and Underhill — during the confrontation. The 37-year-old assumed the two were armed and they outnumbered him, Simon said in his opening statement on Monday. Shaw thought he was justified in shooting, Simon said.

During cross examination of a then-Fuel Fitness employee, Kim Ypma, Stephens focused on the discussions she had with Hurley prior to the confrontation with Shaw. Hurley by then knew that Shaw was living in a trailer parked in the gym’s lot and spoke with Ypma about having him removed, she recalled.

Stephens pressed Ypma on whether Hurley referred to Underhill as his “muscle” prior to leaving the gym to confront Shaw. Underhill could not recall being referred to with that adjective during his time on the witness stand.

“The answer is yes, but the two gentlemen were friends,” Ypma replied after a pause. “The thing is, it was very light. My coworkers were just light and happy to work there.”

Stephens also asked if either of the men made reference to a sledgehammer. The two defense attorneys had raised the presence of the tool at the gym during the previous day’s proceedings. Underhill had told them that he thought there was one at the gym, but could not recall it coming up in the moments before the shooting. He later reiterated neither man was armed as they headed out to speak with Shaw.

Ypma told the jury she remembered one of them mentioning a sledgehammer, but sought to contextualize it.

“Everything was very light,” she said. “These young men joked all the time.”

Stephens and Simon also have highlighted through cross examination the lack of interaction employees had with Shaw, though he belonged to the gym for at least five months. The pair questioned each of the employees to testify on whether they could recall meeting Shaw prior to that September.

As for Keck, Simon pressed him on how much information he sought from Underhill before heading back to his truck to grab his handgun. Did Keck seek details on the shooter or where the shooting occurred? No, replied Keck.

After a bit of back-and-forth, Keck confirmed his mobile phone, like his gun, was in the truck.

“Did you think to call 911?” Simon asked him.

“No, I did not,” Keck replied.

News Editor Derrick Perkins can be reached at 758-4430 or dperkins@dailyinterlake.com.