A man firing shots on property near a large, April 19 protest at Bayview on South Whidbey alarmed many participants, including families with children and an 81-year-old woman who dove for cover while she was video recording the rally.

Outrage over the incident grew afterward, especially after Susan Jensen posted her video online and a TV news station ran a story on the incident. Jensen and others feel that the man shot the gun in an attempt to intimidate the anti-Trump protesters.

“It was terrifying,” Jensen said. “While it’s hard to prove intent, the intent was obvious — to scare the protestors — who don’t scare easily since the protest continued. The Trump sign in the window is indicative of that, and after the shots were fired, he came outside and stared at us.”

While the incident may not result in any legal action against the shooter, to the consternation of many residents, it could be a catalyst for a renewed look at gun laws in the county as well as a rallying cry that may bring even more people to participate in protests.

The property where the shots came from is owned by the Henny family trust, Legacy Family Tree LLC. George Henny, the co-CEO of Whidbey Telecom, is the manager of the trust. He said he takes the matter very seriously and strongly believes that “everyone has the right to gather, assemble, rally and demonstrate in a peaceful and safe environment.”

“We are discussing the matter with professionals,” he said. “In our position, we have to determine the right and fair thing to do for all concerned. We did not authorize or condone the presence or firing of weapons of any kind on our rental property. We are taking the matter up with the tenant. We can’t comment at this time on what actions are being considered.”

Whidbey residents conjectured online, in emails and phone calls that the man who fired the shots broke the law, although deputies from the Island County Sheriff’s Office who responded to the scene concluded that the subject living in a nearby house “appeared to be lawfully shooting in his backyard,” according to a press release.

Sheriff Rick Felici said that the man’s actions showed “poor judgment” but do not appear to be illegal, based on initial information he received from a detective. Under state law and county code, target practice is allowed in most unincorporated areas of the county during the daytime if the property has a safe backstop to stop bullets.

In this case, the property has a dirt berm set up for shooting, the sheriff said. The man who fired the shots also claimed he didn’t do it to threaten or alarm anyone.

Felici said misunderstandings about state laws can cause confusion. People often point to WAC 332-52-145, for example, for gun laws, but the administrative code is part of a section about the Department of Natural Resources and only applies to state-owned lands.

Island County Prosecutor Greg Banks said a decision hasn’t been made about the case.

“Based on the oral summary we received, we didn’t believe we could prove that a crime had been committed,” he said in an email. “But, we haven’t seen a law enforcement investigation report yet. I understand there were videos of the protest and that witnesses and the shooter were interviewed.

“I would never make a decision on a case without reviewing the reports first. We expect to receive something from the police soon.”

Nonetheless, many people, including Island County Commissioner Melanie Bacon, have called on the sheriff and prosecutor to take legal action against the man.

“Shooting a gun in the vicinity of a crowd is a terroristic act,” Bacon said. “I think he should be arrested.”

In addition, Bacon has vowed to take a look at county laws regarding firing weapons to see if more restrictions are needed. She pointed out that the county is more crowded than it was 20 years ago and that target practice on private land may not be as safe as it once was because of the proximity of so many neighbors.

“I think this whole thing needs to be looked at,” she said, adding that she realizes it will be a very controversial subject.

Twenty years ago, county commissioners held public hearings on proposals to regulate hunting and the discharge of guns on county-owned land. The meetings drew large and vocal crowds made up of people on both sides of the issue.

An estimated 450 people attended the protest centered at a park-and-ride lot on Highway 525 in Bayview on April 19. Jensen said the area has been a site of peace rallies and protests since she came to the island more than 20 years ago. She helped organize both the April 5 and 19 rallies in Bayview to protest the Trump Administration and the Department of Government Efficiency — also known as DOGE.

On the morning of April 19, she was delighted to see the large, peaceful crowd and decided to memorialize the event. She started video recording the scene with her phone when the shots rang out. Her video captures the loudness of the shots and her confusion over what was happening.

Alec Cole wrote in an email that he, his wife and their two young children attended the event, which he described as a League of Women Voters rally. The family was planning to go to an Easter egg hunt scheduled “next door” when the shots were fired.

“This was a family event – attendees brought their kids. There was chalk and bubbles,” he wrote. “Other attendees were seniors. I saw two men at least in their 70s hit the ground when the shooting started.”

Susan Cyr was at the protest and recalls hearing the series of “very, very loud” gunshots.

“I walked swiftly away from the sound which was coming from that property and got in our car as I was very afraid,” she said. “As I walked, I saw a gentleman hit the pavement, belly first. Once the dozen or so shots ceased, I stuck my head out of the car to see if he was OK. He told me he had dropped for his own safety, as he was a combat veteran. I left soon after.”

The sheriff’s office reported that multiple people called 911 at about 10:44 a.m. to report that shots were heard near the large crowd. No injuries were reported and “at least one caller stated they thought someone was shooting into the air,” according to a press release from the sheriff’s office.

Deputies located the man who lives nearby, spoke with him and concluded that he was lawfully shooting in his yard, the press release states.

The Record was unable to contact the man accused of firing the gun.