James Malec convicted in the shooting death of former UFC fighter Justin Eilers

by Jesse Holland on Sep 4, 2009 11:32 AM EDT

James Robert Malec was convicted of voluntary manslaughter yesterday (Sept. 3) for the 2008 shooting death of his stepson, former UFC and Elite XC heavyweight contender Justin Eilers, according to the Idaho Statesman .

Sentencing is expected this October and his conviction is punishable by a fine of up to $15,000 and/or up to 15 years in prison.

Malec was arrested and charged with second-degree murder after shooting Eilers once in the chest on Christmas day in Canyon County, Idaho, in a domestic disturbance turned deadly.

Paramedics were called to the scene but were unsuccessful in their attempts to stabilize him.

Malec worked as a Canyon County corrections officer and dog handler in the late 1990’s and according to Eilers' mother, carried a firearm on a regular basis.

Problems arose when Eilers and his ex-girlfriend began arguing, which further escalated when Malec reportedly ordered Eilers to leave. Eilers refused and one witness reports Eilers challenged Malec to a fight before the shooting took place.

From Deputy Canyon County Prosecutor Scott James:

"Justin Eilers was acting like a jerk, there's no question. He was ruining Christmas. He was disrespecting the defendant in his own home. But he didn't deserve to die."

Eilers (19-7-1) was probably most known among casual fans for his three straight losses over a year’s span in the UFC. From February 2005 to February 2006 he dropped three fights — each by first round technical knockout — to Paul Buentello, Andrei Arlovski and Brandon Vera, respectively.

However, Eilers was on a very impressive streak before passing, having won 10 of his past 12 fights. After falling to Antonio Silva at EliteXC ‘Unfinished Business’ back in July 2008, Eilers was targeting a debut at light heavyweight to further refine his improved skill set and once again prove he was ready for the big stage.

The unfortunate news came barely a week after former UFC and WEC competitor Justin Levens was found dead - also by gunshot - in his California home.

From Gwen Moore, Malec's wife and Eilers' mother:

"I didn't want to make that determination as a wife and a mother. 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."

Stay tuned to MMAmania.com for more on Malec's sentencing in the coming weeks.

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Comments

all i want for christmas is a bullet proof vest a bullet proof vest…
that is tragic though really..

by sarah on Sep 4, 2009 11:37 AM EDT reply actions

You nutty Americans and your guns…

by paniczoo on Sep 4, 2009 12:00 PM EDT up reply actions

you would be calling us and our guns if you ever got into a war.

by roy on Sep 4, 2009 1:49 PM EDT up reply actions

so roy US civilians with 9mm pistols and shotguns will come and rescue the UK(one of the top 5 Nuclear Powers in the world – currently engaged in 2 conflicts under the NATO banner)? Would it hurt you to think? Actually don’t answer that.
Hey on the bright side at least you are just a couple of forms and a short waiting period away from being able to shoot yourself in the mouth.

by paniczoo on Sep 4, 2009 2:50 PM EDT up reply actions

lol no doubt, sh!t ever hits the fan and all the sudden we’re useful again… politics.

by O damn he got caught on Sep 4, 2009 2:52 PM EDT up reply actions

i thought you where canadian, and we kicked your asses out of here with untrained farmers when we did fight.

by roy on Sep 4, 2009 3:41 PM EDT up reply actions

paniczoo i know you guys don’t beleave in guns, but you should beleave in dentists.its not vodoo medicine its just a dentist go see one. or at least you guys should start brushing.

by roy on Sep 4, 2009 3:59 PM EDT up reply actions

3rd amendment to the US constitution – the right to watch family guy and draw national stereotypes from cartoons.

4th amendment the right to value pretty teeth over cognitive reasoning

5th amendment – the right to keep your mouth shut. this is my favorite amendment – Americans should exercise this right as often as possible – for the greater good

by paniczoo on Sep 4, 2009 4:26 PM EDT up reply actions

Enough already!

US, Canada, UK, there’s gun crime everywhere. If you don’t think so, then open your f’n eyes.

by UFC Champ on Sep 4, 2009 4:44 PM EDT up reply actions

4th amendment the right to value pretty teeth over cognitive reasoning

dam your still refusing to see a dentist, at least brush thats all.

by roy on Sep 4, 2009 4:47 PM EDT up reply actions

UFC Champ my eyers are open. Read the numbers http://en.wikipedia.org/wiki/Gun_death

over 30x more people die per 100,000 from gunshot wounds in the US than in the UK. thats just crazy

by paniczoo on Sep 4, 2009 5:40 PM EDT up reply actions

Dan Henderson USA Vs Michael Bisping UK = USA KO’s UK… end of argument!

by DAVE A on Sep 4, 2009 8:25 PM EDT up reply actions

Roy, you got nothing. Paniczoo at least makes sense.

Roy: You got BURNED.

by Kobajack on Sep 5, 2009 3:06 AM EDT up reply actions

it makes me laugh every time an American says they had to save the British in the war

the Americans were not even going to help the British until we survived against a German onslaught, once you realised how many troops the Germans had lost you decided it was worthwhile to help us even though we already done the job for you, you finished the Germans off and now claim credit for it, well done Americans

and just 1 more point i would like to make, it was mainly the Russians who won the war, they killed over 75% of the Germans troops so if Britain will be thanking anyone, it will be Russia

by ufcaddict on Sep 5, 2009 5:40 AM EDT up reply actions

God Roy, u really were made (by yourself as well as paniczoo) to look like a bonehead in that exchange. Resorting to stereotypes and childish insults instead of arguing the topic. Well done. It’s people like you that create a certain other stereotype unfortunately…..

by Neil on Sep 5, 2009 9:47 AM EDT up reply actions

must of been a bad day,he got me.

by roy on Sep 6, 2009 9:26 PM EDT up reply actions

it was our right to bare arms that got you brits the f out of here.

by roy on Sep 4, 2009 3:45 PM EDT up reply actions

LOL! Nice one sarah.

by LJ on Sep 4, 2009 12:09 PM EDT up reply actions

WOW! What was the man supposed to do? Let a trained fighter attack him in his own house? How weak has this country gotten when you cant even shoot an attacker in your own house!

by JV on Sep 4, 2009 11:37 AM EDT reply actions

Not enough details; but I’m sure the situation in general woulda been better had Eilers got slapped with an assault charge for giving the guy a few lumps on the dome rather than getting shot in the chest and dying. No clue though; not enough detail, would Eilers have killed the man with his bare hands?? I doubt it. Beat him up, maybe; but kill the guy? probably not.

by O damn he got caught on Sep 4, 2009 11:45 AM EDT up reply actions

Dont get me wrong, Eilers dying was messed up… But he wanted to attack an “older” man in his own home. I dont think the “older” man wanted to kill him, just defend himself. Let me ask you this ODHGC, if a younger man was gona attack your older father, would you want your father to take the beating, or shoot him?

by JV on Sep 4, 2009 12:10 PM EDT up reply actions

How can you even debate this? It is pathetic to see the indoctrinated mindset of Americans. Everyone else in the Civilised world would just ask: who the fuck brings a gun to a family christmas party?!

by paniczoo on Sep 4, 2009 12:24 PM EDT up reply actions

What dont you understand about them being at Malec’s house? So how did he “bring a gun to the party?”

by JV on Sep 4, 2009 12:48 PM EDT up reply actions

You just cant see it, can you?

by paniczoo on Sep 4, 2009 2:34 PM EDT up reply actions

Read the article dipshit, it was his party. His house, his gun. He’s at least a former CO and damn near any CO in any state that can carry does. They run into the convicts they were just guarding in prison on the street when they get out.

by Bryan139 on Sep 4, 2009 3:27 PM EDT up reply actions

Add another one to the list, Bryan139, you cant even see how fucked up it is that a man has a gun at a family christmas party. You actually want to justify this and debate the fine points. I feel sorry for you.

by paniczoo on Sep 4, 2009 4:40 PM EDT up reply actions

a family party at his HOME.

by roy on Sep 4, 2009 4:48 PM EDT up reply actions

We need more details… before I make a comment on this one.

by DAVE A on Sep 4, 2009 8:27 PM EDT up reply actions

They tried to play the MMA angle in court. His lawyer was hoping to show his UFC fights to display that the speed of his takedown game which is why Malec was forced to shoot. Judge said f-that.

by NameNotRequired on Sep 4, 2009 12:17 PM EDT up reply actions

Well duh! His fights have no business being displayed @ all. The judge can youtube em on his own damn time.

I’m sure he is well aware what an mma fighter is capable of.
Also, in answer to a question posed above? No I wouldn’t want my dad to shoot him. Up here in Canada that’s barely even a concept we know about. We don’t comprehend blasting a guy in a dispute.

I live in a city of 350,000(so not huge) but we get in our fair share of arguements/fights etc, and yet only average 2-4 murders a year. None by gun on average but has happened. You find me a city in the states W/similar population and open gun laws etc, that has that low a gun or murder related record per year.

Its sad to think every1 needs a gun. Lose a lot of ppl that way. No I wouldn’t be impressed if my dad took a beat down, but like another poster said would he have beat him to death? I dunno. Its doubtful.

Let him go to jail for assault. Don’t send him to god. Just my opinion.

by Daniel worby on Sep 4, 2009 12:39 PM EDT up reply actions

they said he challenged him to a fight, i never saw where it said he attacked him. so maybe if the dad walked away or called the cops on him this wouldn’t of happened.

by roy on Sep 4, 2009 12:46 PM EDT up reply actions

Whatever ‘would’ have happened, wouldn’t have resulted in death had there been no guns involved.

At most some bruises etc. Ya he’s a mma’ist but from what I’m reading they weren’t the only 2 home. You think this guy was gonna beat em to death? And even if ‘somehow’ he was going to, you don’t think some1/every1 in the house would’ve got involved before it came to that?

No one needed to die. Americans and there guns. Its such a naïve way to live

by Daniel worby on Sep 4, 2009 1:02 PM EDT up reply actions

i love guns, its people not guns to blame.

by roy on Sep 4, 2009 1:47 PM EDT up reply actions

A gun in the hands of reasonable and law-abiding citizens isn’t a big deal. I have a couple myself.

But making guns easily accessible to any and all morons out there results in a whole shitload of needless violent crime… and the fact that large areas of major cities are taken up by inexcusably impoverished ghettos only serves to exacerbate the problem.

by Jeremyjackson on Sep 4, 2009 3:39 PM EDT up reply actions

jeremy the states that have strict guns laws have more crime, criminals don’t have a problem getting unregistered guns law binding citizens do. states with open guns laws have far less crime becuase criminals know everyone has a gun.

by roy on Sep 4, 2009 3:53 PM EDT up reply actions

Yes, but legally obtained or not, the problem lies in a proliferation of firearms all over the streets. The simple fact is that the United States is the only advanced Western nation on the face of the earth with a ridiculously high number of gun crimes.

by Jeremyjackson on Sep 4, 2009 3:57 PM EDT up reply actions

its a fact that the countries with the toughest gun laws have by far the least amount of gun related assaults per capita compared to the usa. personally i find it amazing that you all continue to shoot one another down there and still defend the 200 year old law that applied to flint lock rifles and not ak-47s and easily obtained pistols. not criticizing your ways though, just pointing it out. and im not agianst guns, we have plenty of hunting rifles up here.

by Egads on Sep 4, 2009 4:11 PM EDT up reply actions

Good post Egads. There is a middle ground here somewhere, but unfortunately the crazies on both sides yell the loudest. No doubt there is more to the Eilers story no one posting on this blog can possibly know. I’m not anti-gun, but I’ve beyond naive to believe we don’t have a gun problem here in the states.

by CL on Sep 4, 2009 6:17 PM EDT up reply actions

you want the guy to take an ass beating in his own house in front of his family on christmas so he can send eilers to jail only to have to deal with the situation again and again? that’s bs, he did the right thing

by dropnskirtz on Sep 4, 2009 1:54 PM EDT up reply actions

I disagree, he should have shot him in the balls and let him bleed out on the front lawn until the neighbors called the cops

by Bryan139 on Sep 4, 2009 3:29 PM EDT up reply actions

Wow, I have no idea what to say about this. I’m glad to be Canadian, nothing personal.

by Daniel Contogiannis on Sep 4, 2009 1:05 PM EDT reply actions

i am glad your canadian as well

by roy on Sep 4, 2009 1:48 PM EDT up reply actions

Agree with the prosecutor… even if he was “acting like a jerk” he didn’t deserve to die. With that said, if my family was in danger or anything like that I wouldn’t be as calm and collected as I might think I’d be.

by shitleTOT.com on Sep 4, 2009 1:10 PM EDT reply actions

I agree too, he didn’t deserve to die. He should have shot him in the dick instead.

by Bryan139 on Sep 4, 2009 3:23 PM EDT up reply actions

i hopes this motherfocker goes to jail for the rest of his life

by mata-leon on Sep 4, 2009 1:26 PM EDT reply actions

For Wat?? Defending himself!

by Fight Club on Sep 4, 2009 1:30 PM EDT up reply actions

He wasn’t attacked, therefore not defending himself. He was only challenged. If he was attacked, it is your duty to use “reasonable” force, not excessive like in this case.

by UFC Champ on Sep 4, 2009 4:35 PM EDT up reply actions

Truth, Champ.

by Jeremyjackson on Sep 4, 2009 6:44 PM EDT up reply actions

I hope somebody fucks you up in your own home on Christmas day so you can see it from both sides

by Bryan139 on Sep 4, 2009 3:30 PM EDT up reply actions

Wow class act buddy

by Daniel worby on Sep 4, 2009 7:47 PM EDT up reply actions

Justin Eilers has previously stated he would stomp his own mother in the ring so I’m sure he wasn’t handling the situation delicately. You don’t go to another man’s house, disrespect his daughter (which he had done many times before the breakup), act like a crazy stalker, then threaten the father with violence.

You don’t if you want to live…in America. And to the non American crying about our violence, we as Americans reserve the right to defend ourselves. We get buckwild over here. It’s our nature. So sit back, enjoy our amazing cinema and television shows, and pretend like you matter to us.

by dropnskirtz on Sep 4, 2009 1:39 PM EDT reply actions

You also reserve the right to go to jail for voluntary manslaughter when you choose to shoot somebody in one of your ’defences."

by DirtyML on Sep 4, 2009 1:53 PM EDT up reply actions

somebody in one of your ‘defences’? i understand english is not your first language so i’ll explain to you the outcome in the simplest terms. this. guy. won’t. go. to. jail. for. more. than. a. year. which is worth it to get some abusive scumbag out of his daughters life.

by dropnskirtz on Sep 4, 2009 1:56 PM EDT up reply actions

Hey DIPSHIT, dropnskirtz, whatever. That wasn’t Malec’s daughter! Why don’t you read the article again. Eilers was Malec’s stepson. Not the father of the “ex-girlfriend”.

Here you are making fun of someone else’s english skills. Pipe down and go to the back of the bus.

by UFC Champ on Sep 4, 2009 4:41 PM EDT up reply actions

haha good point but easy there, Tonto. My statement was hilarious and awesome and only lacked facts and validity.

by dropnskirtz on Sep 4, 2009 6:28 PM EDT up reply actions

actually it lacked being hilarious and awesome too

by DanTheMan on Sep 4, 2009 6:43 PM EDT up reply actions

A real life Yosemite Sam. He should’ve just called the cops, and enjoyed the rest of his life. Instead he gets it in the behind for 10-15. A C.O. in prison I bet those inmates are going to have alot of fun with that. RIP EILERS ….

by George on Sep 4, 2009 10:25 PM EDT up reply actions

Everybody is a lawyer? Me too! Obviously his defence worked to a degree. He was charged with second degree murder and convicted of voluntary manslaughter. I don’t know about Idaho, but that’s a HUGE difference in NJ. And when I say huge I mean better than 10 years behind the wall difference.

by Bryan139 on Sep 4, 2009 3:21 PM EDT reply actions