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Eilers Killer Receives 15 Years

JKhrome12010-05-13 15:12:17 +0000 #1
Justin Eilers' killer receives up to 15 years in prison for December 2008 shooting

by Staff on Nov 14, 2009 at 6:30 am ET

James Malec on Friday was sentenced to a maximum of 15 years in prison after being convicted 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

Malec was convicted of the crime in September and will serve a minimum of six and a half years.

The sentence was the maximum allowed under the manslaughter guideline. Prosecutors had initially sought a second-degree murder charge, which would have carried a heavier penalty.

Gwen Moore, Malec's wife and mother of Eilers, has remained married to and in contact with Malec throughout the ordeal. Despite the bond, Moore told the Idaho Statesman she "didn't care" what sentence was issued.

"Jim will get to live his life again one day," Moore said. "Justin never will."

Eilers was killed following a domestic dispute in which Malec's defense attorney claimed the professional fighter threatened to kill his stepfather. Moore testified that she did not hear the threats and that Eilers was backing away from Malec when the single shot responsible for his death on the scene was fired.

Third District Judge Juneal Kerrick also did not buy into the self-defense argument when issuing the sentence.

"You did not have the right to use deadly force when the danger was not imminent," Kerrick said.

Eilers fought four times in the UFC between 2004 and 2006, including once for the organization's heavyweight title. Eilers suffered a TKO loss to then-champ Andrei Arlovski at UFC 53 and was released following a UFC 57 loss to Brandon Vera.

Eilers built a 10-1 record outside of the UFC after his release and faced current Strikeforce fighter Antonio Silva for the vacant EliteXC heavyweight title in July 2008. Silva earned a second-round TKO win, and after the bout, Eilers said he would be making the move the light heavyweight division.



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