Judge doesn't reduce bail in alleged murder case

Zackary Matthew Maas pleaded not guilty to felony deliberate homicide Tuesday in his first court appearance since the man he allegedly shot in the back succumbed to his injuries.

Maas, 25, of Columbia Falls, appeared before Judge Dan Wilson in Flathead County District Court for his April 19 arraignment in faded orange prisoner’s garb. Originally charged with assault with a weapon and out on bail, Maas returned to the county jail on April 15 after prosecutors filed amended charges last week. He is being held on a $300,000 bond.

Maas’ victim, identified in court documents as Gabriel Wagoner, died from “complications of [a] subacute gunshot wound to the back” in Washington state on April 14. A medical examiner in Kings County made the ruling, according to court documents.

Wagoner was transported to Harborview Medical Center in Seattle following the March 13 shooting after initially receiving treatment at Logan Health Medical Center. Court documents allege Maas shot Wagoner after he and another man, Jerum Auclaire, roughed him up inside his Kalispell home in the early morning hours.

Wagoner told responding police officers that, upon entering his home, Maas pulled out a gun and held it to his head. Auclaire, meanwhile, allegedly held him in a choke hold. Maas proceeded to punch Wagoner and strike him with the gun, court documents said.

As Wagoner held the door open for the two to leave,

Maas allegedly shot him in the back. The two then fled, court documents said. When officers arrived about 4:33 a.m., they found Wagoner lying face down at the top of his stairwell, with a bullet wound to his back.

At Tuesday’s arraignment, Maas said he understood the charges against him and that he faced the death penalty, life imprisonment or a prison term of between 10 and 100 years if convicted. Because a firearm was used, prosecutors are asking for an additional two to 10 years in Montana State Prison.

Wilson kept the court schedule as is, meaning an omnibus hearing will be held June 8 with a pretrial conference scheduled for July 27. Maas unsuccessfully lobbied Wilson to lower bail during the hearing. He argued that he was previously out on bail and turned himself in after learning about the new charge. Maas told Wilson that he had a job and a 5-year-old daughter as well as longstanding ties to the area.

“I’m not going anywhere, sir,” he said. “I grew up here in the valley.”

Wilson directed Maas to consult with his defense attorney, Liam Gallagher, to set up a future bond hearing.