From the Idaho Statesman:
The mother of mixed martial arts fighter Justin Eilers testified Thursday she thought the worst of an argument was over when she heard a shot from behind her and her husband fatally shot Eilers.
Gwen Moore was the first witness called in a preliminary hearing for her husband, James Malec, who is charged with second-degree murder. She spoke haltingly, frequently wiping away tears and rarely looking toward her husband.
After about two hours of testimony from Moore and another witness, Magistrate Gregory Frates said there is enough evidence to send the case to district court, where felonies are tried. His arraignment on the charge is set for Jan.30.
She said her 30-year-old son was yelling and angry during a family gathering on Christmas night and had swept dishes and other items off her Nampa home‚s breakfast bar, breaking them. She said she had pushed her son away from the kitchen and thought he was going to go outside, so she turned to go back to washing dishes with her husband.
"As soon as I stepped aside from (Justin) I heard a shot from behind me," Moore said. "I felt something go past my ear."
She said her son took a couple of steps into the living room after the shot.
"He had a surprised look on his face and he said, 'I'm dead, I'm dead. I love you mom.' And then he fell."
And from the Idaho Press:
Sheldon said he saw Malec with his pistol drawn holding it with both hands and his arms outstretched.
Malec had also been drinking that day, according to court testimony.
The gun Malec allegedly used in the crime was a gift he had received that day, Moore said. She said he usually carried a gun with him.
"He always carried one because we live out in the country and we have skunks and coyotes," Moore said.LINK