Man charged in deadly apartment shooting in Lake Stevens

Joshua Kelly, 22, fatally shot Neil Forestier last month, later telling police he wasn’t sure if it was a real firearm or a BB gun.

Logo for news use featuring the municipality of Lake Stevens in Snohomish County, Washington. 220118

LAKE STEVENS — Joshua Kelly told investigators he “should’ve known better” after he allegedly shot and killed a man in a Lake Stevens apartment last month, according to new charges filed in Snohomish County Superior Court.

Prosecutors charged Kelly, 22, with both second-degree murder and first-degree manslaughter last week in the slaying of Neil Forestier, 27. After the two “playfully” fought and tested the strength of their punches at a home in the 1700 block of 16th Street NE, Kelly picked up a gun from the kitchen counter and shot Forestier in the chest, according to court documents.

Deputy prosecutor Elise Deschenes said prosecutors have evidence to charge Kelly with both felonies, giving a future jury the option to convict him of either.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

“I know how to handle a gun. Like I know the gun safety rules, I’ve played with games with guns,” Kelly reportedly told investigators. “I’ve done airsoft wars. Like I should know better.”

On the night of Dec. 30, Forestier, of Arlington, had gone out to the Creekside Alehouse & Grill in Lake Stevens, with a woman he’d been dating. Kelly, an acquaintance, met them there, according to a police report filed in Everett District Court. When the alehouse closed at 2 a.m. Sunday, the three went back to the woman’s apartment, where they danced, sang karaoke and looked for her cat.

Kelly told investigators he recalled Forestier using a gun-shaped flashlight during the search, according to the charging papers.

Around 3:30 a.m., the two men began roughhousing, agreeing to use “10%” strength, a police report read. Before the fight, Kelly reportedly watched Forestier set his holster and handgun on the kitchen counter. The two punched each other in the stomach. Forestier’s blows were much more powerful than Kelly’s, the defendant told investigators. Forestier, who had moved to Washington from Illinois, was an amateur mixed martial arts fighter, with his last fight recorded in 2018, according to the database Tapology.

Kelly picked up the firearm and aimed it at Forestier, charging papers say. Forestier turned away from the defendant, and pulled the trigger, prosecutors allege.

Forestier died at the scene from a gunshot wound to the torso, the Snohomish County Medical Examiner’s Office determined.

Kelly initially told investigators he thought the gun was a flashlight and intended to shine a light on Forestier, charges say. He reportedly later acknowledged this story was not believable.

When detectives challenged him in a second interview, he admitted knowing it was a firearm when he picked it up, according to the charges.

The defendant told investigators he did not know if it was a real gun or a BB gun, or if it was loaded. He intended to scare Forestier “a little bit, but not a lot,” the charges say.

This week, Kelly remained in the Snohomish County Jail with bail set at $250,000. Court records show he has no criminal history.

Maya Tizon: 425-339-3434; maya.tizon@heraldnet.com Twitter: @mayatizon.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

City of Everett Engineer Tom Hood, left, and City of Everett Engineer and Project Manager Dan Enrico, right, talks about the current Edgewater Bridge demolition on Friday, May 9, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
How do you get rid of a bridge? Everett engineers can explain.

Workers began dismantling the old Edgewater Bridge on May 2. The process could take one to two months, city engineers said.

Smoke from the Bolt Creek fire silhouettes a mountain ridge and trees just outside of Index on Sept. 12, 2022. (Olivia Vanni / The Herald)
County will host two wildfire-preparedness meetings in May

Meetings will allow community members to learn wildfire mitigation strategies and connect with a variety of local and state agencies.

Helion's 6th fusion prototype, Trenta, on display on Tuesday, July 9, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Helion celebrates smoother path to fusion energy site approval

Helion CEO applauds legislation signed by Gov. Bob Ferguson expected to streamline site selection process.

Vehicles travel along Mukilteo Speedway on Sunday, April 21, 2024, in Mukilteo, Washington. (Ryan Berry / The Herald)
Mukilteo cameras go live to curb speeding on Speedway

Starting Friday, an automated traffic camera system will cover four blocks of Mukilteo Speedway. A 30-day warning period is in place.

Carli Brockman lets her daughter Carli, 2, help push her ballot into the ballot drop box on the Snohomish County Campus on Tuesday, Nov. 5, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Here’s who filed for the primary election in Snohomish County

Positions with three or more candidates will go to voters Aug. 5 to determine final contenders for the Nov. 4 general election.

Students from Explorer Middle School gather Wednesday around a makeshift memorial for Emiliano “Emi” Munoz, who died Monday, May 5, after an electric bicycle accident in south Everett. (Aspen Anderson / The Herald)
Community and classmates mourn death of 13-year-old in bicycle accident

Emiliano “Emi” Munoz died from his injuries three days after colliding with a braided cable.

Danny Burgess, left, and Sandy Weakland, right, carefully pull out benthic organisms from sediment samples on Thursday, May 1, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘Got Mud?’ Researchers monitor the health of the Puget Sound

For the next few weeks, the state’s marine monitoring team will collect sediment and organism samples across Puget Sound

Everett
Five arrested in connection with Everett toddler’s 2024 overdose death

More than a year after 13-month-old died, Everett police make arrests in overdose case.

Marysville School Board President Connor Krebbs speaks during a school board meeting before voting on school closures in the district on Wednesday, Jan. 22, 2025 in Marysville, Washington. (Olivia Vanni / The Herald)
Marysville school board president to resign

Connor Krebbs served on the board for nearly four years. He is set to be hired as a staff member at the district.

Snohomish County deputy prosecutor Robert Grant gestures during closing arguments in the retrial of Encarnacion Salas on Sept. 16, 2019, in Everett.
Lynnwood appoints first municipal court commissioner

The City Council approved the new position last year to address the court’s rising caseload.

A heavily damaged Washington State Patrol vehicle is hauled away after a crash killed a trooper on southbound I-5 early Saturday, March 2, 2024, in Marysville, Washington. (Ryan Berry / The Herald)
Trial to begin in case of driver charged in trooper’s death

Defense motion over sanctuary law violation rejected ahead of jury selection.

Dick’s Drive-In announces opening date for new Everett location

The new drive-in will be the first-ever for Everett and the second in Snohomish County.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.