Justin Eilers killer sentenced to 15 years

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                                Justin Eilers killer sentenced to 15 years

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                    <p><strong>Nampa man going to prison for killing martial arts fighter </strong></p>

A Nampa man accused of killing his stepson last Christmas will spend up to 15 years in prison.

Back in September, a Canyon County jury convicted 48-year-old James Malec of voluntary manslaughter in the death of 30-year-old Justin Eilers.

Eilers was a pro mixed-martial arts fighter and former Nampa High School wrestler.

Deputies say Malec shot Eilers in a disturbance that escalated during a family gathering on Christmas night 2008.

Defense attorneys argued during the trial that Malec shot Eilers in self-defense.  The jury rejected that claim.

"The defendant, even in face of this jury's verdict continues to maintain his innocence, with an air of righteousness," said Canyon County Prosecutor John Bujak.  "Blaming the victim and the victim's family is inexcusable."

Malec must serve at least six-and-a-half years before he is eligible for parole.  He will not be allowed to own a firearm upon his release from prison.

Prior to today’s sentencing, victim impact statements were read by Melanie Cox, the mother of Eiler's son, his brother and mother.

Third District Judge Juneal Kerrick said Eilers was partially at fault by being an instigator.

Witnesses to the incident said Malec was intoxicated when he shot Eilers.

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Thats not enough,hopefully the fucker dies in jail.

 Bullshit. Life for this worthless fuck.. How lame. Hopefully, he gets raped in prison.

K-Dub-"T" -  Not long enough. Beheading maybe.

Trying to remember the worthless cunt poster who said it was justified.....


Try to remember,I would like to know who that was.

RIP Eilers.

I feel terrible for his mother who lost two of the most important people in her life. I can't even imagine the strength required to continue after something like this.

R.I.P. Eilers

Nowhere near long enough

BONEtheDOME - 

good



RIP Justin




 x2



And correct me if I am wrong, but wasn't Malec an ex cop?  6.5 yrs is a death sentence for an ex cop.

ECWCock -  I don't think the dude should do any time at all.  If Justin was threatening to kill him, he deserved what he got. 

****To clarify

Apparantely Justin was in some drunken rage at the party, threatening everybody.  Because of his size and training, everyone was scared of him.  The step dad feared for his life, and defended himself.

Tell my, oh why, just because he fought for the UFC, he should be allowed to kill his family!


words are a little different than actions

Can someone please explain to me how in the fuck you can murder a human being and only possibly get 6 1/2 years?? What the FUCK!

It is very likely that big stupid Eilers was threatening and scaring people in his life often.

But killing him over it cannot be forgiven or excused.

Wasn't this guy a former prison guard or law enforcement? His prison time will not go well for him.

what was the exact situation? Did that come out in court?

voorhees - It is very likely that big stupid Eilers was threatening and scaring people in his life often.

But killing him over it cannot be forgiven or excused.



I have heard 2 different versions of this story but if he was threating my life and started coming at me i would have shot his ass too, and not hoped he would stop beating me before i died. just saying

 Never trust the people who actually saw the evidence or the judge... only UG hearsay.

Humboldt JuiJitsu - 
BONEtheDOME - good

RIP Justin

 x2

And correct me if I am wrong, but wasn't Malec an ex cop?  6.5 yrs is a death sentence for an ex cop.


http://correctionofficersgoingwrong.wordpress.com/2008/12/28/former-canyon-county-jailer-charged-in-shooting-death/

 www.idahostatesman.com/newsupdates/story/885122.html





Trial begins in 2008 killing of Boise professional fighter


The courtroom was silent, but Gwen Moore's words were barely audible Tuesday as she haltingly described the night her husband shot and killed her son while she stood nearby.


Her son, mixed martial arts fighter Justin Eilers, had been yelling and combative at a family gathering, breaking items and challenging Moore's husband, James Malec, she said. She tried to usher Eilers out of her Nampa kitchen and thought he was going to go outside and cool off.


"I thought it was over," Moore said. "I turned to the side, then I felt the shot go past my ear.


"I turned toward Jim and said, 'What did you do?'


"Justin had a surprised look on his face. He said, 'I'm dead, I'm dead. I love you, Mom."


When she looked back at her husband, she said, he was still pointing his semi-automatic, .45-caliber pistol at Justin - "and at me, because I was standing right there. ... He told me to get out of the way."


Moore was the first witness in her husband's second-degree murder trial Tuesday afternoon. Throughout her testimony, she did not look at Malec except when asked to identify him in the courtroom. Malec, 49, sat solemnly at the defense table, wearing a sport jacket and tie.


"Justin Eilers bled to death and died on the floor just outside his mother's kitchen," Deputy Canyon County Prosecutor David Christensen told the newly selected jury of six men and eight women (including two alternates). "He was shot in the chest, just right of center, and the bullet came out of his back and ended up in the wall of the other room."


The Christmas-night dispute began with an argument between Eilers and his ex-girlfriend about the upbringing of their 8-year-old son, and Eilers was still intensely angry when he returned to the kitchen where his mother and stepfather were cleaning up after dinner, Christensen said. Both Eilers and Malec had been drinking, Moore said.


The killing was intentional and without justification, Christensen said, telling the jury that Malec "used a degree of force that was in excess of what was reasonably necessary."


But defense attorney Gordon Petrie stressed the 30-year-old Eilers' size - 6 feet 2 inches and about 230 pounds - and prowess as a mixed martial arts fighter. Malec, who previously had gotten along well with his stepson, had never seen Eilers enraged before that night and was surprised and confused by the younger man's fury, he said.


Petrie said when Moore was trying to push Eilers out of the kitchen, Malec thought Eilers hit Moore - something Moore denies. Malec, a former military policeman and Canyon County jail deputy, was carrying his semi-automatic handgun at the time and reacted to what he saw as a threat to himself and his family.


"The evidence will show that Justin Eilers scared James Malec so much that he thought he was going to die. And he had a choice to make," Petrie said. "From his perspective, the only other choice was to become a sacrifice."


The prosecution's case against Malec is expected to conclude Wednesday, at which point the defense will be able to present witnesses.



More background on the case.



More info on Eilers shooting



Court Update on Eilers shooting



Small update on Eilers murder trial......



Cindy

ECWCock -  I don't think the dude should do any time at all.  If Justin was threatening to kill him, he deserved what he got. 



****To clarify



Apparantely Justin was in some drunken rage at the party, threatening everybody.  Because of his size and training, everyone was scared of him.  The step dad feared for his life, and defended himself.



Tell my, oh why, just because he fought for the UFC, he should be allowed to kill his family!
"Apparantely" you are one of those who should never possess a gun. Saying that someone who was argumentative and breaking things while challenging people at a gathering to a fight means you deserve to get shot shows what kind of person you are. 



 

 Another account inc. input from Justin's ex-GF.



Cindy



www.idahostatesman.com/newsupdates/story/617216.html



Alcohol and anger fueled a Christmas-night family argument in rural Nampa that ended with a professional fighter shot dead and a former jailer behind bars, investigators say.


James Robert Malec, 48, is in the Canyon County jail on $1 million bond, charged with the second-degree murder of his 30-year-old stepson, mixed martial arts fighter Justin Mark Eilers of Boise. Malec was a deputy at the Canyon County jail during the late 1990s.


Both men had been drinking socially during a holiday gathering at the Happy Valley Road home of Malec and his wife, who is Eilers’ mother, Sheriff’s Lt. Marv Dashiell said Monday. Discord began with a parenting argument between Eilers and the mother of his young son, then escalated with a confrontation between Malec and Eilers over the younger man’s “loud and boisterous behavior,” Dashiell said.


There is no indication the two men’s fight turned physical before Eilers was shot, he said, but Eilers’ mother, Gwen Moore, told investigators that her son repeatedly swept items off the kitchen counter, scattering broken glass around. He was upset, she said, about people teasing his son. She “described her son as very violent when he has been drinking,” according to the probable cause affidavit for Malec’s murder charge.


Here’s what Moore said happened next, according to the affidavit:


“Justin got into Gwen’s face and she was telling him to be quiet. James told Justin to back down but he wouldn’t and challenged James to a fight by saying, ‘come on, come on fight me, bring it on, what do you got.’ …


“She said she was trying to get Justin to back off of James. Justin backed up a little bit but was still loud. Gwen said she didn’t see James pull the gun, but assumed he had one with him because he carries one all the time.”


The affidavit also includes comments from Eilers’ former girlfriend, who said Malec had told her before that he would shoot Eilers if he caused problems in his house.


Someone at the house called 911 at 10:46 p.m. to report a domestic fight, and Eilers was shot while the caller was still on the phone with the dispatcher and deputies were on the way, Dashiell said. One deputy reported that when he got there, Malec was lying face-down on the bottom step of his porch with his hands behind his back.


Eilers suffered a single bullet wound just above his right nipple; the weapon was a large-caliber handgun, Dashiell said. Paramedics pronounced him dead at the scene about 11:36 p.m.

15 years?

He'll be out in 5 if he's good.

I really have no comment regarding this because I don't know the facts. If Eilers was a threat, and it was a heat-of-the-moment type thing, reacting in fear, thats alot different that a cold blooded killing.

ttt