Police say argument ended in fatal shooting of Boise MMA fighter

[hinkleid]

A recent event here in my neck of the woods. Watched a few of the MMA fights, but unaware a fighter lived here in our area. The details are sketchy at the current time, pending investigation but the fighter's stepfather was charged and arrested for murder. Single 45 shot to chest. Not sure of any self defense as a defense at this time. Tragedy this young man was cut down at only 30. I was under the impression ID is VERY gun friendly, so might just have been the stepfather shot as he cannot FIGHT a professional fighter. Alcohol involved as well...... Sad!

Police say argument ended in fatal shooting of Boise MMA fighter | Boise, Garden City, Mountain Home | Idaho Statesman

Alcohol and anger fueled a Christmas-night family argument in rural Nampa that ended with a professional fighter shot dead and a former jailer behind bars, investigators say.

James Robert Malec, 48, is in the Canyon County jail on $1 million bond, charged with the second-degree murder of his 30-year-old stepson, mixed martial arts fighter Justin Mark Eilers of Boise. Malec was a deputy at the Canyon County jail during the late 1990s.

Both men had been drinking socially during a holiday gathering at the Happy Valley Road home of Malec and his wife, who is Eilers' mother, Sheriff's Lt. Marv Dashiell said Monday. Discord began with a parenting argument between Eilers and the mother of his young son, then escalated with a confrontation between Malec and Eilers over the younger man's "loud and boisterous behavior," Dashiell said.

There is no indication the two men's fight turned physical before Eilers was shot, he said, but Eilers' mother, Gwen Moore, told investigators that her son repeatedly swept items off the kitchen counter, scattering broken glass around. He was upset, she said, about people teasing his son. She "described her son as very violent when he has been drinking," according to the probable cause affidavit for Malec's murder charge.

Here's what Moore said happened next, according to the affidavit:

"Justin got into Gwen's face and she was telling him to be quiet. James told Justin to back down but he wouldn't and challenged James to a fight by saying, 'come on, come on fight me, bring it on, what do you got.'

"She said she was trying to get Justin to back off of James. Justin backed up a little bit but was still loud. Gwen said she didn't see James pull the gun, but assumed he had one with him because he carries one all the time."

The affidavit also includes comments from Eilers' former girlfriend, who said Malec had told her before that he would shoot Eilers if he caused problems in his house.

Someone at the house called 911 at 10:46 p.m. to report a domestic fight, and Eilers was shot while the caller was still on the phone with the dispatcher and deputies were on the way, Dashiell said. One deputy reported that when he got there, Malec was lying face-down on the bottom step of his porch with his hands behind his back.

Eilers suffered a single bullet wound just above his right nipple; the weapon was a large-caliber handgun, Dashiell said. Paramedics pronounced him dead at the scene about 11:36 p.m.

One of the responding deputies knew Malec from his tenure with the sheriff's office and reported Malec "told me that he was sorry we had to meet like this again and to get the medics here to help Justin."

Malec worked as a jail deputy and dog handler for the Canyon County Sheriff's Office from April 1996 to July 2000, Dashiell said. He operated a dog-obedience business with his wife at their home, Dashiell said.

Eilers was a 1996 graduate of Nampa High School and former linebacker for Iowa State University who went on to become a professional mixed martial arts fighter. He appeared in 27 MMA fights, including some with the Ultimate Fighting Championship.

[DefensiveCarry.com]

[Janq]

Several interesting items in one story, which in threads past have been asked by members here.

* Being in ones own home/residence and having had some alcohol, and subsequently using lethal force to defend ones self, others, or property (where lawful)

* Defense of others, which in this case includes the dead mans baby momma

* Being placed in a situation where one might shoot a relative or person very close to you, in this case his wifes son (!)

* Being placed in fear or injury within ones home and choosing to retreat or not to escape harm/injury

* Dialing 911 for assistance and ultimately rescue

* How to react secondarily post shooting toward interaction with first responders

- Janq

[HotGuns]

IF the article is correct, I'm thinking he might beat the charge. That will be dependent on the jury though...if it goes that far.

[Hopyard]

I'm thinking there is a chance that was a good shoot. There was a clear disparity of force; the dead man had been acting out violently--sufficiently frightening to cause alarm and a 911 call. The shooter was in his own home and challenged to a fight by the professional fighter, if I understand the scenario. Whether of not retreat was possible is a big unknown. MMA fighter could be very quick making retreat not much of an option. Locking an ordinary wood door wouldn't make much difference as far as providing momentary refuge.

Blood alcohol of both needs to be taken into consideration. Previous violence and temper by MMA guy needs to be taken into consideration. Whether or not illegal steroid use might be a contributing factor in the bad behavior is worthy of investigation and might shed some light on the propensity of the fellow for out of control behavior, beyond the alcohol.

Bet if the cops showed up they would have had to Taze him, and may have had to shoot.

[AllAmerican]

Mom and step dad are sooooooo divorced.

This is kinda sad really. Family members... whatcha gonna do?

[Texas Yankee]

On the other hand, there is no indication that the MMA guy actually attacked or threatened to attack the stepfather. He only invited the stepfather to attack him. Second, a good prosecutor could make a lot out of the fact that the stepfather had told someone else that he would shoot his stepson if he made any trouble. Making trouble is not grounds for using deadly force.

Neither of these guys seemed to be in control of themselves. I could easily see the stepfather spending several years in jail.

[hinkleid]

This will be an interesting case to watch the results. At this point, police have charged step-father with 2nd degree murder. Even if it was a good shot, and step father in self defense it is gonna cost some serious legal fees.
A few things I think working against the shooter: drinking alcohol, in the past making a report to fighter's girlfriend in the past that if he were to cause problems he would shoot (shows intent in the past), invited guest to the home.
I am thinking the stepfather more than likely has his permit to carry as wife reported he "always carried, but didn't see him draw".
This might all end up depending on what happened just prior to the shooting. Did fighter make a move on shooter? Was shooter in reasonable fear for his life or serious bodily threat? Come on this is an MMA fighter that could probably take many of us down with force, and very quickly at that!

[biasedbulldog]

Not sure I would necessarily trust ex-gf's word as perhaps step-poppa had a role in the breakup.

This is way too ambiguous to know whether the shoot was justified. I do believe that an "unarmed" MMA fighter is still a deadly weapon... and I do not believe that drinking should eliminate one's legal ability to defend oneself in one's own home -- though it certainly makes it messier after the fact.

As it stands, clearly reasonable doubt exists even the preponderance of evidence is against the stepfather (and I'm not saying it necessarily is anyway).

[Sig 210]

Sounds like a drunken bully got shot.

[simon]

....I think the song was "Everyone was kung fu fighting"...playing in the background of course....

[Mxyzptlk]

Not sure I would necessarily trust ex-gf's word as perhaps step-poppa had a role in the breakup.

This is way too ambiguous to know whether the shoot was justified.......
As it stands, clearly reasonable doubt exists even the preponderance of evidence is against the stepfather (and I'm not saying it necessarily is anyway).

I agree that it's much too ambiguous of a situation to credibly analyze for culpability, legality.

But we do know for a fact that the players put themselves into a situation where events played out as they did and somebody ended up dead with a bullet in his chest.

And that it was entirely avoidable. Utterly non-necessary.

Drinking + Xmas celebration + pugnacity + gun(s) - good sense = Tragedy

Entirely avoidable.

[Hopyard]

Sounds like a drunken bully got shot.

Sure does.

One does have to wonder why the guy was even allowed in the house, given that he was known to cause trouble (most likely of a violent nature) in the past. (It doesn't make sense that the father in-law would have made the statement about shooting him if he caused trouble, if he had not caused trouble earlier.)

An out of control MMA fighter is a deadly weapon, a deadly threat, and the disparity of force issue nullifies the fact that the dead guy didn't have a gun. Age and health differences could also magnify the disparity. The challenge to fight isn't just meaningless words; it is a threat made in this case to the father in-law in his own home.

Lots needs to be investigated thoroughly here, and it seems to me the high charge is a bit over the top for the circumstance; but then we don't know the whole deal.

[Rightwing]

Alcohol + Crazy & Dangerous = Tragedy