Thurston County prosecutors have declined to charge a 25-year-old Bellingham man accused of shooting another man during a clash between protesters Dec. 12 near the Capitol Campus in Olympia.
Supporters of President Donald Trump and counter-protesters dressed in black, a look commonly associated with anti-fascists, clashed that afternoon. During the fighting, one person suffered a gunshot wound and three people were arrested.
Forest M. Machala posted $50,000 bail shortly after Thurston County Superior Court found probable cause for first-degree assault charges Dec. 14. Prosecutors had until Dec. 16 to file charges, according to court documents, but chose not to.
The shooting, at about 2 p.m. that Saturday near the intersection of 15th Avenue Southwest and Columbia Street, left a 20-year-old man with serious injuries that required surgery at Providence St. Peter Hospital in Olympia.
But prosecutors determined that they had insufficient evidence to proceed with charges, said Jessie Knudsen, community engagement specialist with the Thurston County Prosecuting Attorney’s Office.
The case is now back with Washington State Patrol, which must produce enough evidence to convince the prosecuting office to file charges, Knudsen said.
It is unclear what problem the prosecution had with the evidence. Knudsen declined to share specifics, calling the situation an ongoing investigation.
Sgt. Darren Wright confirmed State Patrol is still investigating the case and said they will share more about their findings when they are ready.
The prosecution previously cited video evidence showing Machala at the scene of the shooting. Additionally, investigators reportedly found an unfired bullet at the scene that matched the bullets Machala allegedly carried.
The court revoked an order barring Machala from contacting the person who was shot at the protest on Dec. 17 — a day after the deadline to file charges.
Machala’s private attorney William Kirk told the court during the preliminary hearing that he believes State Patrol will determine the shooting was done in self defense.
State troopers previously have asked the public for help identifying a second shooter near the scene of the first shooting that allegedly involved Machala.
