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Whitey HudsonMalec Sentenced to 6-15 in Eilers Death

  • Posted by Whitey Hudson on November 16th, 2009

Former UFC and WEC heavyweight Justin Eilers (18-6-1) was killed by gunfire Christmas night, 2008 at the home of his mother Gwen Moore in Nampa, Idaho. Eilers’ stepfather, James Malec was later arrested and arraigned for the murder.

Malec, convicted of manslaughter in September, was sentenced Friday to serve at least 6 and a half years and as long as 15 years for the deadly shooting according to a report by The Idaho Statesman.

Eilers trained with Miletich Fighting Systems in Bettendorf, Iowa fighting for the Ultimate Fighting Championship in late 2004 to win his Octagon debut over “MAK” Mike Kyle (9-6-1) via KO at UFC 49. He later exited the promotion following three losses for a brief run in the WEC. Later in his career, Eilers lost an EliteXC heavyweight title shot to “Bigfoot” Antonio Silva (10-1) in July, 2008.

Eilers, born June 28, 1978 was 30 years old at the time of his death.

eilers_fatherMalec, the man accused of murdering MMA fighter Justin Eilers on Christmas night of last year, was convicted by the jury of voluntary manslaughter after about eight hours of deliberations by an Idaho jury in September.

Gwen Moore, Malec’s wife and Justin Eilers mom, said she believes justice was served, but she had hoped for a diffent outcome.

“I didn’t want to make that determination as a wife and a mother,” Moore said weeping. “Everyone asked me what justice I wanted. I want my son back, that’s what I want. And I’m not going to get that.”

Malec’s family declined comment after the verdict.

The defense said that Malec properly used his former police training to stop a deadly threat last Christmas when he shot and killed his wife’s son, the professional martial arts fighter Eilers.

Defense attorney Gordon Petrie occasionally shouted during his summation to simulate Eilers’ behavior that night. He reminded jurors of Malec’s account – that Eilers loudly threatened to kill Malec and moved toward him before Malec, convinced Eilers intended to kill him, shot Eilers once in the chest.

“Never lose sight of the fact that Justin tried to make a living by pummeling people into submission,” Petrie said.

The prosecution had a different take. Deputy County Prosecutor Scott James said Eilers was unarmed and backing away from Malec when Malec shot him.

justin_eilers“Justin Eilers was acting like a jerk, there’s no question,” James said. “He was ruining Christmas. He was disrespecting the defendant in his own home.But he didn’t deserve to die.”

James noted that Malec’s version of events differs widely from the accounts of others who were at the gathering that night, especially Moore.

Some witnesses said Moore was standing between the two men and turned to the side just before her husband shot her 30-year-old son. She apparently did not hear Eilers threaten to kill Malec, and she testified that Eilers was backing away from Malec just before the shot rang out.

“Justin Eilers bled to death and died on the floor just outside his mother’s kitchen,” Deputy Canyon County Prosecutor David Christensen said. “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.

According to witnesses, Eilers was 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.

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