Lawyers for a 37-year-old transient man convicted of murder in a 2021 shooting outside a Kalispell fitness center have asked for a new trial, citing “structural errors” in jury selection. .
A Flathead County jury on July 13 found Jonathan Douglas Shaw guilty of fatally shooting former Fuel Fitness and Nutrition manager Matthew Hurley and injuring gym patron William Keck. , was found guilty of felony premeditated murder and attempted premeditated murder, a second-degree felony.
A complaint filed by Missoula-based attorneys Colin Stevens and Paul Simon alleges that jurors were “improperly summoned” because Flathead County officials failed to force answers from individuals who ignored jury notices. “It was.” Those who did not respond to the notice were then removed from the pool of potential jurors, a violation of their right to a fair and impartial jury.
Citing information from the Flathead County Clerk of Courts, the motion states that during the most recent criminal jury term, approximately 7,000 jury notices were mailed to Flathead County residents, 1,500 of which were returned as undeliverable. , said a total of “several hundred” individuals were delivered. Those who did not respond.
Shaw’s attorneys argued that his exclusion as a potential juror was inappropriate because there was no effort to require the individual to respond to the notice.
“When the clerk randomly selects the names of 100 jurors from the courtroom jury list, [upcoming] “The term of a criminal jury does not include individuals who are served with notice and fail to respond,” the motion states.
Lawyers say there is no evidence that the Flathead County Sheriff’s Office made reasonable efforts to ensure a response because it did not personally serve all individuals, according to the motion. claims.
The Flathead County Attorney’s Office had not filed a response motion as of Sept. 14, but the defendant’s motion states that the state “has been contacted regarding this motion and is objecting.” Ta.
Judge Dan Wilson on Sept. 12 canceled Shaw’s Sept. 21 sentencing hearing and ordered it to be reset following a ruling on the motion.
Prior to the July trial, Judge Wilson denied a motion for change of venue filed by Shaw’s defense team, citing adverse pretrial publicity and negative attitudes toward homeless residents.
After a four-day trial, 12 jurors deliberated for four hours and unanimously convicted Shaw on July 13. He was remanded to the Flathead County Sheriff’s Office, where he remains. He could face up to life in prison.