MOSES LAKE — The Army has taken custody of the soldier accused of killing two people and injuring several others during the 2023 Beyond Wonderland music festival shooting at the Gorge Amphitheatre and has now charged him under military law.  

Specialist James M. Kelly, 28, was transferred from the Grant County Jail to military pretrial confinement Feb. 9 after spending more than two and a half years in civilian custody. The Army formally filed charges against him Feb. 23, according to a military charge sheet. 

“Now that James Kelly’s prosecution has been transferred to the military, we continue to recognize that the loss has been deeply traumatic for many people,” Grant County Sheriff’s Office Public Information Officer Kyle Foreman said. “The court process can be incredibly difficult and feelings of pain, anger or exhaustion are completely valid. Please know you are not alone in this, and that we will always remember Brandy, Josilyn, and everyone who experienced what happened that night.”  

Kelly, a member of the 2nd Battalion, 75th Ranger Regiment at Joint Base Lewis–McChord, faces multiple counts of murder, attempted murder, domestic violence and drug offenses under the Uniform Code of Military Justice. 

Civilian investigators say Kelly opened fire in the Gorge campground June 17, 2023, after ingesting psilocybin mushrooms and experiencing hallucinations. According to a Washington State Patrol summary, Kelly retrieved a handgun from his truck and shot Brandy Escamilla and Josilyn Ruiz, who were walking nearby. Both women died at the scene. 

He also allegedly shot and seriously injured festivalgoer Andrew Cuadra, fired at a security vehicle and struck driver Lori Williams, and shot down a Grant County Sheriff’s Office drone. His now-former girlfriend, Lily Luksich, was shot twice and suffered permanent injuries, investigators said. 

The WSP report states “Kelly fired multiple shots from his handgun at Escamilla and Ruiz… both were pronounced deceased at the scene,” and later that he “fired a shot at and struck Luksich’s foot… [and] a second shot… causing life‑threatening injuries.” 

The Army’s charges include four specifications of murder – both premeditated and unpremeditated – for the deaths of Escamilla and Ruiz. Ten attempted‑murder specifications cover the shootings of Cuadra, Williams, Luksich, and three others. Kelly is also charged with three domestic‑violence offenses involving Luksich and with possessing and using psilocybin. 

Kelly enlisted in January 2021 and held the rank of specialist at the time of the shooting. He had been in continuous custody since the night of the incident, when he was shot by law enforcement and hospitalized. 

With the transfer to military custody, Kelly will now face a court‑martial. The Army has not announced a date for an Article 32 hearing, the military equivalent of a preliminary hearing.