KALISPELL - A five-day jury trial started Monday in Flathead County District Court for the man accused of opening fire and killing a Fuel Fitness employee in Kalispell in September of 2021.
Jonathon Douglas Shaw is facing one count of deliberate homicide and one count of attempted deliberate homicide.
The charges filed carry a maximum life term in the Montana State Prison.
In charging documents, Kalispell law enforcement responded to Fuel Fitness on U.S. Highway 2 West for a report of gunshots fired on Sept. 16, 2021.
When officers arrived, they found Fuel Fitness employee Matthew Hurley lying unresponsive in the parking lot along with the defendant who officers observed had a firearm.
Prior to the shooting, Fuel Fitness employees told officers they went to talk with Shaw who had been living in the parking lot.
During the conversation, Hurley and Shaw discussed a refund of Shaw's gym membership.
When Hurley told Shaw he would receive a partial refund, Shaw stated, "Well, you are going to die," and started shooting at Hurley.
A bystander who heard the shooting, ran to his truck to get a pistol.
The bystander said Shaw fired two rounds toward him and he returned fire. The bystander was shot in the leg.