The Mother of Justin Eilers Testified Today

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MMAcca
1/23/09 1:14:30AM
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.



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DCRage
1/23/09 8:12:39AM

"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."

If that line doesn't make you want to break down and cry I don't know what will. Must still be a terrible feeling.
emfleek
1/23/09 8:29:07AM

Posted by DCRage


"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."

If that line doesn't make you want to break down and cry I don't know what will. Must still be a terrible feeling.



My thoughts exactly.

Lock this MF'er up. Nothing justifies the use of a gun to "settle" an argument or fight.
D0wnUnd6e6r
1/23/09 9:39:46AM
This is just shocking really. Like emfleek said, settling an argument with a gun... WTF?!?!?!
telnights
1/23/09 2:02:39PM
I can tell you as a x-cop that this is common when you mix drinking with firearms. I really feel for his family this is very sad and no one in that family will ever look at x-mas the same way again.
backalley101
1/23/09 4:32:35PM
Yeah, my heart cries for their family. To use a gun in a family argument, or any argument, is a cowardly thing to do, to take somebody life over something so stupid. That's the problem with society these days, everybody is so scared of taking an asswhoopin, that they turn to using guns. Where my family comes from, when there was a problem, everybody would meet in the park and rumble. Whatever happened to that?
nastshabast
1/26/09 2:49:56PM
wow, that is some heavy ****.
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