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9/2/09 10:29 AM
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Edited: 09/02/09 1:36 PM
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www.idahostatesman.com/newsupdates/story/885122.html

 

Trial begins in 2008 killing of Boise professional fighter

The defense says Nampa man was afraid when he shot his angry stepson on Christmas night.


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.





Read some for background on the case.

More info on Eilers shooting

Court Update on Eilers shooting

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

 
9/2/09 10:33 AM
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nhbMIKE
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Edited: 09/02/09 10:33 AM
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i'm going to get a lot of hate for this because we all know if you fight in the ufc you instantly become a saint but i hope the guy gets found not guilty.
9/2/09 10:35 AM
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Archangel
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I would feel the same way if Malec hadn't stated that he intended to shoot him.
9/2/09 10:36 AM
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Crazy Zimmerman
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nhbMIKE - i'm going to get a lot of hate for this because we all know if you fight in the ufc you instantly become a saint but i hope the guy gets found not guilty.

 Since I wasn't there I have no idea if he's guilty or not.  Why do you want to see him not guilty? 
9/2/09 10:38 AM
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jahmon
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Shooting an un armed man, pussy. Go to jail and die.
Why the hell would this cowboy be carrying his side arm on Christmas night??
I am sure he might have been intimidated, but pulling a gun and shooting someone that is unarmed is a bitch move.
9/2/09 10:40 AM
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nhbMIKE
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Crazy Zimmerman - 
nhbMIKE - i'm going to get a lot of hate for this because we all know if you fight in the ufc you instantly become a saint but i hope the guy gets found not guilty.

 Since I wasn't there I have no idea if he's guilty or not.  Why do you want to see him not guilty? 

hw ufc fighter goes on drunken rampage in your house and threatens you or your family w/ violence and you should have the right to defend your castle, yourself and your loved ones imo.
9/2/09 10:41 AM
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nhbMIKE
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K-Dub-"T" - 
nhbMIKE - i'm going to get a lot of hate for this because we all know if you fight in the ufc you instantly become a saint but i hope the guy gets found not guilty.
lol @ this troll.

You hope a cold blooded murderer gets found not guilty.

Did you hope the same for OJ as well?
VTFD
 

yeah ok dipshit, oj and eilers were the exact same scenarios right?
9/2/09 10:44 AM
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FightWatcher
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 Clearly, second degree murder. 25 to life please. Thanks!
9/2/09 10:50 AM
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Dogman
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Edited: 09/02/09 10:55 AM
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^^^Maybe Malec was a drunken idiot and could not tell what was a threat and what was not a threat.

EDIT: the ^^^ was for nhbMike commit
9/2/09 10:54 AM
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Card
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A semi-automatic handgun at Christmas dinner? wtf...

Eilers shouldn't be dead... sad....
9/2/09 11:07 AM
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HamJitsu
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"Um, maybe this is just me being canadian"

Thats all you need say, friend
9/2/09 11:07 AM
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ibblazed
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He should've just showed the gun. He didn't have to shoot him... and in the chest? Come on.
9/2/09 11:09 AM
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Archangel
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Some people always carry their guns. They like it maybe they feel safer or more powerful that way who knows. There is nothing wrong with him carrying a gun at all especially in your own damn home.( Not to mention he is an ex cop/MP with a concealed permit.... There should also be no problem with killing someone who is a threat to your life or family in your own home.

But Malec said he would kill Justin if he got out of hand and that for me brings pre meditation...

But having said that Justin was a scary dude. When he gets pissed it is pretty scary. He was somewhat of a psychopath
9/2/09 11:19 AM
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CLINT NJHC
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Don't drop the soap, douchebag
9/2/09 11:31 AM
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Kostakio
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K-Dub-"T" - 
nhbMIKE - i'm going to get a lot of hate for this because we all know if you fight in the ufc you instantly become a saint but i hope the guy gets found not guilty.
lol @ this troll.

You hope a cold blooded murderer gets found not guilty.

Did you hope the same for OJ as well?
VTFD
 
I actually did because I looked at things from OJ's perspective (manipulative wife sleeping with a younger man, etc.) and felt for him a little. I can understand how angry chicks make you... lol
 
9/2/09 11:32 AM
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nhbMIKE
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Edited: 09/02/09 11:32 AM
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DJStudd - as an Englishman with no experience of guns , gun crime or gun related violence, this just baffles me.

no one needed to die in that situation.

that guy obviously saw big scary cage fighter Justin getting pissed off and decided to even the score.

thing is, a shit load of you will now come on this thread and try to tell me that....

if everyone else at that party was also carrying a gun then this never would have happened.

or someone could/should have shot the murderer before he killed Justin in cold blood.

or if Justin was carrying a gun he could have defended himself.

this is how it would have most likely played out in England.....


Justin gets pissed off and kicks off, old bloke kicks off back , old blokes gets slapped about a bit , Justin goes to jail, old bloke gets paid.

its not ideal but its a damn sight better than it played out in this case.

except in the usa old bloke did not get slapped about a bit, and he shouldnt get slapped about in his own home.
9/2/09 11:33 AM
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Mike Russell
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nhbMIKE - 
Crazy Zimmerman - 
nhbMIKE - i'm going to get a lot of hate for this because we all know if you fight in the ufc you instantly become a saint but i hope the guy gets found not guilty.

 Since I wasn't there I have no idea if he's guilty or not.  Why do you want to see him not guilty? 

hw ufc fighter goes on drunken rampage in your house and threatens you or your family w/ violence and you should have the right to defend your castle, yourself and your loved ones imo.

 Wasn't he shot in the back as his mom was escorting him outside to talk to him?? Not self defense if the situation was already diffused...
9/2/09 11:35 AM
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nhbMIKE
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Edited: 09/02/09 11:41 AM
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K-Dub-"T" - 

lol. Well according your  own special kind of inbred retarded dipshit logic, OJ was just "protecting his castle" also.

Someone at your house and you don't like 'em... just kill em ded. - nhbMIKE (keepin' it real).
 

you're an idiot, oj went to his ex wife's house and killed them in cold blood in the front yard out of jealousy. how the fuck is that even remotley considered defending your castle? 
9/2/09 11:37 AM
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nhbMIKE
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Mike Russell - 
nhbMIKE - 
Crazy Zimmerman - 
nhbMIKE - i'm going to get a lot of hate for this because we all know if you fight in the ufc you instantly become a saint but i hope the guy gets found not guilty.

 Since I wasn't there I have no idea if he's guilty or not.  Why do you want to see him not guilty? 

hw ufc fighter goes on drunken rampage in your house and threatens you or your family w/ violence and you should have the right to defend your castle, yourself and your loved ones imo.

 Wasn't he shot in the back as his mom was escorting him outside to talk to him?? Not self defense if the situation was already diffused...

no

"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."
9/2/09 11:39 AM
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countlphie
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"The evidence will show that Justin Eilers scared James Malec so much that he thought he was going to die."

Something about this sounds a little silly.

That, and shooting your step son on christmas eve.
9/2/09 11:44 AM
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Kostakio
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^ EXACTLY!
9/2/09 11:52 AM
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Count Duckula
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nhbMIKE - 
DJStudd - as an Englishman with no experience of guns , gun crime or gun related violence, this just baffles me.

no one needed to die in that situation.

that guy obviously saw big scary cage fighter Justin getting pissed off and decided to even the score.

thing is, a shit load of you will now come on this thread and try to tell me that....

if everyone else at that party was also carrying a gun then this never would have happened.

or someone could/should have shot the murderer before he killed Justin in cold blood.

or if Justin was carrying a gun he could have defended himself.

this is how it would have most likely played out in England.....


Justin gets pissed off and kicks off, old bloke kicks off back , old blokes gets slapped about a bit , Justin goes to jail, old bloke gets paid.

its not ideal but its a damn sight better than it played out in this case.

except in the usa old bloke did not get slapped about a bit, and he shouldnt get slapped about in his own home.


For fuck sake someone died. Should have told justin to get the fuck out of his house. If he didn't leave, his step dad should walked away, calmed down whatever the fuck, and when justin left the next day whenever, never let the dumb idiot back in his house. Or step father should have called the cops.

Instead the step dad will probably get sent to prision.
Step dad will get convicted on this one but I see the defence using the word 'cage fighter' and 'human cockfighting' a lot in his defence.
9/2/09 11:53 AM
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Humboldt JuiJitsu
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Archangel - Some people always carry their guns. They like it maybe they feel safer or more powerful that way who knows. There is nothing wrong with him carrying a gun at all especially in your own damn home.( Not to mention he is an ex cop/MP with a concealed permit.... There should also be no problem with killing someone who is a threat to your life or family in your own home.

But Malec said he would kill Justin if he got out of hand and that for me brings pre meditation...

But having said that Justin was a scary dude. When he gets pissed it is pretty scary. He was somewhat of a psychopath
#1 - Malec looks like a f*cking pu$$y.  Should not matter, but I can not get over how creepy this guy looks.
#2 - There is no mention of Justin threatening Malecs life, or that of his families.
#3 - Malec claimed to have seen Justin hit his mom, and that is why he fired.  Mom denies this ever happened.
#4 - Malec was carrying a loaded semi-automatic .45 caliber handgun on his person while supposedly helping his wife clean the kitchen after Christmas dinner.  There are children present in the house at the time.  The live in NAMPA f*cking ID, not Compton or Brooklyn or Kabul (I bet fathers/ husbands who do live in compton, brooklyn, or kabul don't actually carry handguns on them in the house either).
#5 - Malec looks, sounds and acts like a POS no balls having pu$$y.

There is no justification for Malecs actions.  Regardless of how big of a guy Justin is, how bad his attitude/ temper is, or his skill level - Malecs actions are the definition of excessive and I would also like to add completely unnecessary.

Malec shot his stepson in the chest while his mother stood maybe inches away.  Most likely premeditatively, most definitely NOT out of self defense.  Malec is a waste of space on this planet, and should be disposed of accordingly.

/rant.
 
9/2/09 11:55 AM
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MountainMedic
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not uncommon in that area to walk around armed. CCpermits are basically a right that you have to do something bad to lose. i was living there when this happened. one of the hot topics at the time was the potential passing of a law that would allow "open carry". other states already have these laws on the books.

i know this nothing to the debate, but it seems alot of people just can't get their heads around the idea that anyone is just carrying a weapon out of habit.

9/2/09 11:57 AM
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CAMEL KILLER
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 From the testimony of his own mom, sounds like stepdad let the cognac do the talking....

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