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Justin Eilers' Killer Convicted Of Manslaughter

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DCRage

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James Malec was on Thursday found guilty of voluntary manslaughter in the shooting death of his stepson, UFC and EliteXC veteran Justin Eilers, this past December in Canyon County, Idaho, according to IdahoStatesman.com. Malec will now wait for sentencing, which is expected to take place this fall. While the manslaughter charge is a lighter conviction than the second-degree murder charges sought by prosecutors, Malec will still face up to 15 years in prison and a $15,000 fine.

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Post #1   9/4/09 8:09:53AM   

roger

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I can't belive he only got 15

Post #2   9/4/09 12:36:22PM   

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He has not received any years yet.. he faces a maximum of 15. I imagine he will probably get the max or close to it.

I imagine that the prosecution felt it would be hard to get a murder charge considering the reports were that Eilers was acting aggressive. It is easier to prove that he didn't have sufficient cause to use a gun to defend himself (unreasonable force) rather than prove that the defendant was not defending himself from a 205 pound mixed martial artist and instead was acting purposefully with the intention of killing Eilers.


Sometimes to get anything at all in the law you have to compromise. It sucks because depending on his sentence and parole he could be out in pretty short order. The difference between voluntary manslaughter and murder 2 is huge... but sometimes the distinction in specific instances is pretty slight.

Last edited 9/4/09 12:50PM server time by ncordless
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Post #3   9/4/09 12:48:54PM   

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I'm shocked he only got manslaughter. He is a x-cop so they cant say he doesn't know what is and isn't excessive force. Doesn't matter if someone is a jerk or not unless they attack you there is no reason for force to be used and then the use deadly force is just plain murder no matter how you cut it. In the reports it says when he shot Justin was walking away. They are claiming Justin threatened his life but he was the only one to hear it. The guy that killed Justin had been drinking and had a gun on him. He shot and killed a unarmed man. Manslaughter would indicate he had no intention of killing Justin and it was just a mistake on his part. But fact is when your a cop your trained to kill once you have to use your gun but your only to use deadly force when deadly force is being used by the other person. Sounds pretty cut and dry to me, just sounds like the prosecution dropped the ball so the guy got off easy.

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Post #4   9/4/09 2:27:54PM   

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This isn't that unusual of a sentence for a situation like this. The prosecution probably figured manslaughter was better than nothing. IF they had gone for murder 2 the jury may have acquitted him altogether and THAT would have been a real travesty of justice. He'll probably serve about 5 years with good behavior. Eilers own mother said she felt justice had been served. I dunno how anyone here could think otherwise.

Post #5   9/4/09 2:39:40PM   

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Posted by telnights

I'm shocked he only got manslaughter. He is a x-cop so they cant say he doesn't know what is and isn't excessive force. Doesn't matter if someone is a jerk or not unless they attack you there is no reason for force to be used and then the use deadly force is just plain murder no matter how you cut it. In the reports it says when he shot Justin was walking away. They are claiming Justin threatened his life but he was the only one to hear it. The guy that killed Justin had been drinking and had a gun on him. He shot and killed a unarmed man. Manslaughter would indicate he had no intention of killing Justin and it was just a mistake on his part. But fact is when your a cop your trained to kill once you have to use your gun but your only to use deadly force when deadly force is being used by the other person. Sounds pretty cut and dry to me, just sounds like the prosecution dropped the ball so the guy got off easy.



Not sure of how it is in Oklahoma, but in many jurisdictions there is a difference between the voluntary and involuntary (the one you are describing) manslaughter. Voluntary means basically that he meant to kill, but that it was done in "heat of passion" without prior meditation. Like I said, it can be pretty hazy, and it sounds like they might have been able to go for murder 2 but either the DA was lazy, the mom was not giving a good testimony, or the particulars of Idaho law make it hard to get a second-degree murder in this situation.

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Post #6   9/4/09 3:20:12PM