Bond reduction denied for accused killer

District Judge Dan Wilson denied May 19 a request to lower bail for Zackary Maas, the Columbia Falls man charged with deliberate homicide in the wake of a March shooting in Kalispell.

Authorities initially charged Maas, 25, with assault with a weapon and he was released on a $100,000 bond. Maas returned to custody in mid-April after his alleged victim succumbed to his wounds in a Seattle hospital. Prosecutors amended the charges to deliberate homicide and a new bond of $300,000 was set.

After pleading not guilty during his second arraignment in Flathead County District Court on April 19, Maas asked Wilson to consider lessening his bail. At the time, Wilson instructed Maas to arrange for his attorney to schedule a bond reduction hearing.

Timothy Wenz, Maas’ lawyer, made good on that request Thursday, petitioning Wilson to return the bond to $100,000. He argued that Maas proved compliant while previously out on bail and boasted longstanding family ties to the community.

“The only change is the status of the alleged victim,” Wenz said.

Maas is accused of joining another man in assaulting Gabriel Wagoner inside his Kalispell apartment in the early morning hours of March 13. As they left the home, authorities say Maas shot Wagoner in the back.

Emergency responders took Wagoner to Logan Health Medical Center for treatment after arriving on scene. From there, he was transported to Harborview Medical Center in Seattle. According to court documents, he died in King County, Washington, on April 14. A medical examiner there determined that Wagoner succumbed to “complications of [a] subacute gunshot wound to the back,” court documents said.

WENZ SAID Thursday that Maas had lined up a place to stay in the region as his case worked through the court system. He also noted that Maas turned himself in upon hearing about the amended charges.

Deputy County Attorney Ashley Frechette countered by comparing the difference between the two charges, saying “the severity of the penalties have also changed.”

Assault with a weapon carries a maximum punishment of up to 20 years in state prison and a $50,000 fine. Deliberate homicide is punishable by the death penalty, life imprisonment and a prison term of between 10 and 100 years. Owing to the use of a firearm, prosecutors are asking for an additional two to 10 years.

Frechette also handed Wilson a copy of the 25-year-old’s sealed juvenile record as evidence of his past misconduct.

“The state would ask that any modification be denied,” she said after passing off the documents.

“These did happen nine to 12 years ago,” Wenz argued as Wilson read through the pages.

Reiterating that the documents remained under seal, Wilson nonetheless described them as indicative of a “pattern of violence on Maas’ part.” He pointed out that Maas had mentioned a young child and significant other during his arraignment, but had heard nothing of his plans to support them while on release. The individual with the strongest interest in Maas’ freedom appeared to be his father, Wilson said.

“The court does not consider that relationship alone to indicate that Maas has strong ties to the community,” Wilson said.

Wilson agreed as well with Frechette’s argument. With the harsher potential penalty, the temptation to flee had increased, he said. More than that, though, the judge considered the nature of the alleged crime, which he described as “quite violent, resulting in the death of a human being.”

An omnibus hearing in the case is scheduled for June 8. He is expected back in district court for a July 27 pretrial conference.

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