Nearly two-year Gorge shooting investigations now to prosecutors, suspected shooter trial set for July 23

After nearly two years, an investigation into whether police were justified in shooting a man who is accused of killing two people at the Gorge Amphitheatre is nearing its end. 

A special investigations unit has handed over the data to Chelan County Prosecuting Attorney Robert Sealby. The incident occurred in Grant County and Chelan County took on the police shooting portion of the case. According to Washington state law, agencies can’t review their own officer-involved shootings. 

Sealby said he plans to complete the review and have his decision by late July. He said this is the most complicated case of his career.

James M. Kelly, 28, who had been a soldier stationed at Joint Base Lewis-McChord, is charged with two counts of first-degree murder and three counts of first-degree assault with a deadly weapon/force. He allegedly fired into a crowd at a music festival, killing two people, and injuring three more. When police responded, they shot and wounded Kelly. He is in the Grant County Jail in Ephrata, Washington. His trial is set to begin July 23. 

The shootings occurred at the Gorge campground during the Beyond Wonderland festival on June 17, 2023. 

The music festival typically draws thousands of people from across the Northwest and nation.

According to charging documents, Kelly had traveled to the Gorge with his girlfriend for the festival. They set up a tent in the campground. Sometime in the evening, Kelly ingested a dose of mushrooms, and then he and his girlfriend walked over to the concert. While at the concert, he started experiencing hallucinations, and he began to believe that the world was ending. The couple returned to the campsite, where Kelly got his handgun from a locked box in the center console of his vehicle. 

Brandy P. Escamilla, 31, and Josilyn S. Ruiz, 28, were also attending the festival together. They were walking through the Gorge campground when they were allegedly shot by Kelly.  They were pronounced dead at the scene. Another concertgoer was also shot in the upper torso and was seriously injured.  

A Crowd Management Services [CMS] employee, responded to reports of shots fired. One bullet penetrated the windshield of her vehicle and struck her eyeglasses, shattering them.   

At one point, Kelly allegedly shot his girlfriend in the foot and upper leg, according to the documents.

Law enforcement then confronted Kelly. A police officer fired at Kelly and wounded him. Kelly was taken into custody and transported to Sacred Heart Medical Center in Spokane. 

Investigators looking into police officers’ actions that day have been assembling and verifying scads of information including interviews with bystanders, mapping, drone footage, recovered bullets, ballistic evidence and cell phone videos. Now, Sealby will examine that data. 

The shooting occurred at a high-profile event in Grant County. On summer nights, The Gorge becomes the largest city in the county, said Rob Jones, Grant County’s District 2 Commissioner. 

After the shooting, the company that runs the Gorge did make security changes for its events. But some criticize Live Nation for not doing enough. 

“They did change the way they did the vehicle inspections aand made sure they did enough person checks to create more safety,” Jones said. “It’s a private facility. The sheriff’s office is contacted to do their security.”

Jones said the Grant County Economic Development Council’s study of 2023 reported that “… a half million people visit annually, inside of Grant County,” he said.

Kevin Burgess, Grant County District 1 Commissioner, said there’s never any guarantee when people are at large events in crowded places.

“But I think the Gorge has taken the necessary steps to make things safer,” he said. “I wouldn’t be afraid to go to the Gorge at any time.”