Court schedules arraignment for Ash in Midvale shooting

by Philip A. Janquart
 On the evening of April 11, 2021, Matt Banning, in an allegedly violent exchange, was shot and killed by Terry Allen Ash on his property at 135 School Road in Midvale.
 Ash, with a .44 caliber revolver, allegedly shot Banning from an estimated 2- to 4-feet away, as indicated by Ada County Coroner Dr. Garth Warren, who gave his testimony via a Zoom meeting during a Sept. 24 preliminary hearing held at Washington County Magistrate Court in Weiser.
 The bullet struck Banning in the heart, Warren said.
 What has not been determined is whether Ash acted with premeditation or in self-defense.
 That is a question that will be answered through the court system.
 The preliminary hearing brought several witnesses that gave their testimony in relation to the April 11 incident.
 After almost a day and a half of testimony, Magistrate Judge David Eames ruled that premeditation could not be clearly dismissed.
 It has been established through testimony that on Sunday, April 11, Terry Ash attended a church service before going home to take a nap. He later arrived at Slim’s Tavern where he played pool and drank with friend Randy Smith, who Banning allegedly kicked out of his home following a dispute.
 Ash then visited a local store where he briefly, and without incident, ran into Banning, and then arrived back at Slim’s Tavern. Ash later left and returned in his truck, stopping to talk to Smith who was walking his dog. That’s when he showed Smith a gun. He then drove to a property next door to Banning’s house where the two, separated by a fence, found themselves in a heated argument.
 Banning allegedly quickly advanced toward the fence, reached across and hit Ash in the face, knocking his hat and glasses off, and causing him to stagger. Ash pulled his weapon and shot Banning in the chest. A pistol was found next to Banning when law enforcement and emergency crews arrived on scene.
 Ash was arrested and charged with Murder 1.
 Defense attorney, Michael Bartlett, said the incident is “textbook self-defense.”
 Ash was also charged with three separate misdemeanors for “domestic violence-violation of protection order.” The circumstances surrounding the three misdemeanors were unclear at the time of this story’s publication.
 “In this case, there is pretty clear evidence Mr. Ash was not armed at the store, he wasn’t armed at the bar, but ultimately made the decision to go get a gun, and show it to Mr. Smith on his way over there,” Eames said.
 Eames bound the case to the District Court, scheduling Ash’s arraignment for Oct. 25, 2021.

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