Trial underway for accused killer Zackary Maas

Prosecutors laid out their case against accused murderer Zackary Matthew Maas in Flathead County District Court on Monday, alleging he waited months to take vengeance on his one-time stepfather Gabriel Wagoner in Kalispell last year.

“‘I’m just going to get revenge, then I'll be back,’” said Deputy County Attorney Ashley Frechette, quoting from a message allegedly written by Maas, 26, in the moments leading up to the March 13, 2022 shooting. “Ladies and gentlemen, that is what the defendant … told his fiancee minutes before shooting Gabriel Wagoner in the back.”

The message is one of several allegedly made by the Columbia Falls resident, and later collected by investigators, that prosecutors argued during opening statements on Monday will help show Maas waited for his opportunity to settle a dispute with Wagoner.

Initially charged with attempted deliberate homicide, Maas saw prosecutors amend the charge to deliberate homicide after Wagoner died in Harborview Medical Center in Seattle several weeks after the shooting. Medical examiners concluded the cause of death stemmed from complications from a gunshot wound to the back, according to documents.

With bail set at $300,000, Maas has spent the intervening months in the county jail awaiting trial.

Maas, Frechette said in her opening statement, went to Wagoner’s First Avenue West home in the early morning hours to confront him about a break-in at Maas’ father’s home. According to prosecutors, Maas was convinced that Wagoner knew the individual behind the burglary.

Joined by a childhood friend — Jerum Auclaire, who also faces charges in connection to the shooting — they allegedly demanded Wagoner take them to the thief after roughing him up.

Wagoner agreed, but as he headed up the stairs of his basement apartment, Maas shot him in the back, Frechette said. The wound made by the 9 mm round left Wagoner sprawled out on the stairs, partially paralyzed and screaming for help, she said.

Failing to call either first responders or the police, Maas stepped over Wagoner and left, Frechette said.

“I anticipate the evidence will show the defendant did not call law enforcement and the defendant did not call an ambulance. The defendant did not remain on scene,” she told the jury. “The defendant fled the scene and went home.”

But Wagoner initially survived the shooting, Frechette said. In the days before his April 14 death, he allegedly told everyone — his neighbors, arriving law enforcement, paramedics and relatives — that Maas shot him.

DURING HIS turn to address the jury, defense attorney Stephen Nardi conceded Maas pulled the trigger. He also agreed with Frechette that jurors would hear from a litany of witnesses who could link Maas to the shooting.

Wagoner, Nardi acknowledged, later died because of the gunshot wound.

“In this case, it seems complex in the sense that there will be many, many witnesses … but it’s really not that complicated,” Nardi said. “The main issue you have to decide is whether or not [Maas] was legally justified in shooting [Wagoner] when he went up those stairs.”

None of the witnesses slated to testify for the state could offer a first-hand account of what happened in Wagoner’s basement apartment as Maas fired the shot, he said. Even Auclaire, Maas’ childhood friend there the night of the shooting, was looking the other way when the gun went off, Nardi said.

“[Maas] shot Gabe Wagoner in the back,” Nardi told the jury. “Which is not a great Montana thing to do, but you’ll see why he had to.”

Wagoner and Maas had a long history, Nardi said. The older man briefly acted as Maas’ stepfather, he said.

After Maas’ mother and Wagoner split up, Maas kept in contact. Wagoner had provided Maas with drugs and alcohol as a teenager and later, when Maas had money to buy, methamphetamine, Nardi said.

Through the course of this relationship, Maas had known Wagoner to become confrontational and violent, according to Nardi. He knew Wagoner had abused his mother while they dated, Nardi said.

On the night Maas decided to confront Wagoner with Auclaire, he was prepared to defend himself, Nardi said. He had his gun out as they descended into Wagoner’s basement apartment because he “was absolutely afraid there was going to be something that happened when he turned the corner,” Nardi said.

Instead they talked about the theft of Maas’ father’s belongings, according to Nardi, who disputed the allegation that Maas and Auclaire attacked Wagoner prior to the shooting. Rather, Auclaire held Wagoner back when the older man, angered by the accusations he was connected to the break-in, began to menace Maas, Nardi said.

Finally the three agreed to go see the man behind the theft, according to Nardi. Auclaire headed up the stairs leaving Maas and Wagoner down below. Wagoner, Nardi said, grabbed a baseball bat, told Maas “F this” and headed up after Auclaire.

Following, Maas saw Wagoner raise the bat at Auclaire, who had his back turned to them, Nardi said.

“[Maas] sees that bat come up and he knows [Wagoner] and he knows [Wagoner’s] propensity to violence and he sees that bat come up and he knows it’s only going to do one thing,” Nardi said. “Yes, he shot him in the back. I worry about that. This is a Montana thing: You don’t shoot someone in the back. But in these circumstances you shoot him.”

Maas made two mistakes that night, Nardi said. First, he let Auclaire talk him into confronting Wagoner. Second, he left the scene and waited for authorities to find him.

But Wagoner sold and used drugs, Nardi argued, and he had a violent side. And, like Maas, his story evolved as time passed, Nardi said.

“[His] statement then changes every time he realizes he’s got to make himself look better in this thing,” Nardi said. “… It always looks way better for [Wagoner] than it did for anybody else in this scenario.”

JURORS HEARD testimony from four of the state’s witnesses, including a Kalispell Police sergeant and Flathead County Sheriff’s Office deputy, during the trial’s opening day.

Wagoner’s neighbors in the multi-unit First Avenue West building, Jack Weis and Richard Paulson, testified to the chaotic moments that followed a loud argument and even louder bang emanating from the downstairs apartment.

“I got up, because I was startled and I went to what I consider my back door and just before I got to the back door I heard [Wagoner’s] voice crying out, ‘I've been shot, I've been shot’ or something like that,” Paulson said.

During Paulson’s testimony, prosecutors played a portion of his 911 call. In the background, Wagoner can be heard alternately yelling and moaning. When Paulson mispronounced Maas’ name to dispatchers, Wagoner’s correction is audible.

Under cross examination from Nardi, the two reported experiencing no run-ins with Wagoner during their time as neighbors. Paulson said he heard women occasionally go down toward the basement apartment while Weis recalled seeing a lot of visitors to Wagoner’s place.

“He was always fixing somebody’s junker car out back,” Weis said. “He had a lot of people helping him move stuff up and down the stairs. … There was always somebody coming and going.”

Prosecutors also played body cam footage taken the night of the shooting. In both, Wagoner repeatedly tells police officers, sheriff’s deputies and emergency medical responders that Maas shot him.

Neither Deputy Garrett Matthews or Kalispell Police Sgt. Brian Struble recalled seeing any injuries to Wagoner’s head while they assisted him.

Situated just out of sight of the screen playing the body camera footage, Maas stared at the defendant’s table, occasionally shifting in his seat. If convicted, the 26-year-old faces the death, life imprisonment or between 10 and 100 years in the state prison. Because a firearm was used, prosecutors can seek additional time behind bars.

The trial is scheduled to resume at 10 a.m. on Tuesday. Judge Dan Wilson is presiding over the case.

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