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James Malec convicted of manslaughter of Justin Eilers
By Zach Arnold | September 4, 2009
Malec’s lawyer trotted out the self-defense card in regards to his client pulling a .45 on Eilers.
“He said, ‘I’ll kill you; I’ll do it,’” Malec testified.
Eilers made that threat after Malec drew the .45 caliber semi-automatic handgun he had in his pocket and pointed it at Eilers in a two-handed combat stance, Malec said. He said he ordered the 30-year-old Eilers to get down on the ground, but he stood his ground, made the threat and then started to move toward Malec with his hands raised.
Malec’s claim of ordering Eilers to the ground would have made sense if he was currently a police officer. He wasn’t. He, along with Eilers, were also drinking at the time of the fight. Eilers’ mother talked about Malec’s behavior when holding the gun that fateful night.
Malec was convicted for voluntary manslaughter. Prosecutors were looking for a second-degree murder conviction.
Quick thought/opinion: Now the question rests on Malec’s lawyer filing an appeal and whether or not he will use the judge’s refusal of airing Eiler’s UFC fights in court as grounds for a re-trial. “The UFC defense” was a cornerstone of Malec’s lawyer’s legal strategy.
“Never lose sight of the fact that Justin tried to make a living by pummeling people into submission,” Petrie said.
Topics: MMA, Media, UFC, Zach Arnold | 9 Comments » | Permalink | Trackback | Share This
The guy WITH the gun pointed at an unarmed man is the one pleading self-defense? Please.
On the other hand, if the victim tried to making a living by pummeling people into submission, well…
It would be rather easy to show the bullshit of that defense by airing Arlovski/Eilers. After seeing Eilers implode in the ring it would be hard to argue he was a deadly weapon.
Regardless, though, manslaughter for that? Pathetic. The legal system is hilarious.
I know some defense lawyers, and they’ll say that you use what you have to at trial. If the defense was reduced to using that feeble effort as a defense, it tells you pretty much what you need to know about the case.
Believe me, if the defense lawyer had a better theory/defense to go on, he surely would have.
And there will definitely be an appeal filed. There always is in murder cases. I’m sure that any excluded evidence will be a point of contention on the appeal.
This guy is getting off lightly and he is going to fight that? Wonderful.
Well, to be precise, Eilers not only “tried” to make a living pummeling people into submission; but he DID make a living doing just that…..nothing of which has any relevance to the case. The fact that Eilers was a professional MMA fighter tells us nothing about what went on that night or whether it could be reasonably argued that Eilers threatened Marec’s life.
In addition to the fact that Marec is a grade A pussy for pulling a gun on an unarmed man; it could be argued that he committed 2nd degree murder, not just manslaughter. Life in prison wouldn’t be too stiff a sentence for this guy.
Malec’s lawyer acts like Miletich Fighting Systems teaches you how to stop a bullet using ninja power
@ Fred: Professional fighters or those with extensive training are often treated as being \’armed\’ with regards to any sort of physical conflict.
The fact that Eilers wasn\’t exactly the second comming of Fedor is irrelevent; he was a professional, a trained fighter.
I\’m guessing that the defence centered around the fact that it would be unreasonable for Malec to expect to defend himself against Eilers unarmed.
Malec could have shot him in the leg. Why in his right mind would he shoot him in the chest, unless to kill him. My thoughts and prayers go out to Eiler’s mother who lost her son and now her husband. It is just such a tragedy.
@George: Trained shooters always shoot for the center of mass because it presents the largest target, regardless of distance, or sometimes in spite of it. Do we know if this guy had any training of any sort? I’m really asking, I don’t know.