Elkins murder trial jury deliberates | News, Sports, Jobs

Gilliam

ELKINS — The jury began deliberations Thursday in a murder trial in Randolph County Circuit Court — but was sent home for the day with no verdict returned.

After two days of testimony, Kenneth Gilliam, 59, on trial for first-degree murder in the stabbing death of his father-in-law, took the stand himself Thursday afternoon to testify.

Gilliam was arrested following the stabbing death of his stepfather, Donald Kelly, 75, on March 5, 2022, in the home Gilliam shared with his mother and Kelly on Diamond Street in Elkins. He was indicted in November 2022.

The prosecution, led by Randolph County Prosecutor Michael Parker, rested its arguments Thursday morning after four more witnesses took the stand, including Joel Harvey and Bailey Hill, forensic pathologists from the Forensic Laboratory of West Virginia State Police, and Sergeants David Simmons and Kenneth Corley. of the West Virginia State Police, former members of the State Police Crime Squad.

Harvey and Hill spoke about the DNA evidence they examined, while Simmons and Corley testified about what they saw when they arrived at the Kelly residence on March 5. Corley has since retired from the state police.

After a brief recess, Gilliam’s defense team, attorney James Hawkins Jr. of Harrison County and attorney Brent Easton of Tucker County, called Kimberly Jones to the stand. Jones and her husband, James Jones, have been next-door neighbors to the Kellys and Gilliams since 2013.

On the stand, Kimberly Jones recalled an incident on May 30, 2016, in which Kelly was arrested for assaulting Gilliam.

She testified that in 2016, she saw Kelly throw Gilliam off the porch twice and, while tackling Gilliam to the ground, began “shattering” Gilliam’s head repeatedly on the stone driveway leading to the Kelly house. Jones says she had to remove Kelly from being on top of Gilliam.

“And I said, ‘You’re going to kill him, Don.'” » Jones said on the stand Thursday. “(Kelly) said, ‘That’s what I’m trying to do. I’m going to kill him. »

Jones then said Kelly and Gilliam both grabbed shovels and started getting closer until her husband came out. She said other neighbors also watched the fight and one of them called the police, who then arrived. Kelly was arrested for assault, although the charges were later dropped, officials said.

“Oh, (Kelly) hated him.” » said Jones. “He hated Kenny and he wasn’t afraid to say it.”

James Jones, who was called to the stand after his wife, also said Kelly was the aggressor in the 2016 incident. James Jones was a former classmate of Gilliam’s.

“(Gilliam) was flat on his back,” James Jones told the court. “He wasn’t capable of fighting. I don’t know if he drank too much or what, but he wasn’t able to defend himself and Don was on top of him, hitting his head on the rocks over there.

Jones agreed with his wife that Kelly “basically, I hated it” Gilliam, adding that Kelly “I didn’t care about him, I didn’t want anything to do with him.”

Gilliam was called as the defense’s final witness. He was asked to recall the events that occurred on March 5, 2022. He voluntarily chose to speak in his own defense.

On the stand, Gilliam explained that he initially called 911 because he feared Kelly would harm him or his mother and wanted someone sent to their house to help. . After hanging up on 911, Gilliam said he was cutting onions for a sandwich when Kelly came into the kitchen and yelled at him for calling 911 in the first place. He said Kelly grabbed him by the arms and spun him around before pulling him closer. At that point, Gilliam said he held out the knife and Kelly was stabbed.

“I was afraid for my life” Gilliam told the court.

According to the 2022 criminal complaint, Gilliam called 911 to report that Kelly was insulting and threatening him and his mother. He then told the operator: “If someone doesn’t come get him, I’m about to kill him.” After answering a few questions from the operator, Gilliam then said: “too bad, you can’t do anything, I will” before hanging up the phone.

911 reportedly called back to check on the situation and spoke with Betty Kelly, Gilliam’s mother, who told him everything was fine. About 10 minutes later, Gilliam called 911 again and said he had just stabbed Kelly in the chest. The complaint also says Gilliam told dispatchers he used a kitchen knife.

When questioned by Hawkins, Gilliam said he was afraid of Kelly, saying Kelly had threatened in the past to do so. “factory” Gilliam and his mother and “They wouldn’t do anything about it.” Gilliam said he believed these were threats against their lives. Gilliam described the feeling of Kelly’s hands on his body as being like that of a “a mouse stuck in a trap.”

However, Gilliam was adamant that he did not intend to kill or harm Kelly, only that he wanted to protect his mother and himself. He said after stabbing Kelly, he went back to call 911 for help.

“Why did you call 911 at that time?” » Hawkins asked Gilliam.

“Because he was hurt.” To ask him for help. Gilliam replied.

During cross-examination, Parker asked Gilliam if he had said in the initial 911 call: “It doesn’t matter, you can’t do anything, I will.” Gilliam responded that he intended to “take care of” himself and his mother if necessary.

Parker mentioned that during the third 911 call, Gilliam was heard talking to her mother while she was on hold. According to Parker, Betty Kelly said: “You know you’re going to have to go to jail.” and Gilliam replied, “I don’t care.”

Gilliam did not deny this, explaining during Hawkins’ redirection that he knew it would be understood that he was “he has the right to do what he (he) had to do. »

Parker asked if Gilliam was afraid of Kelly, then why did he stay home after the first 911 call, to which Gilliam said he wanted to stay with his mother.

“Are you telling this jury that you were so afraid of Mr. Kelly that you called 911 and told them you were going to kill him rather than leave the house? Parker asked Gilliam.

“No. I called 911 to see if I could get help because I wasn’t going to leave my mom with him. Gilliam said.

“Are you telling the jury that you were so afraid of Mr. Kelly that you made yourself a stupid sandwich rather than leave the house and get away from Mr. Kelly?” Parker then asked.

“I knew I had to stay there because of my mother” Gilliam replied.

The defense rested after Gilliam’s testimony.

In his closing arguments, Parker told the jury that this case was “as simple as it is tragic.”

“The defendant called 911 and told them he was going to kill Mr. Kelly, and within 10 minutes he did exactly what he told 911 he was going to do. He stabbed Mr Kelly and killed him. Parker said. “It’s premeditation. It’s a deliberation. That’s the intention. Ladies and gentlemen, this is first degree murder.

In his closing arguments, Easton explained to the jury that if they were to return a guilty verdict for his client, they must first be fully certain of Gilliam’s guilt and that the State had proven its case.

“We have two counts here…In order for the jury to convict Mr. Gilliam on either of these counts, you have to be satisfied that the State has proven beyond a doubt reasonable that each element corresponds to these offenses”, Easton said. “If they didn’t do it, you can’t condemn them. For example, if there are six elements and even if you feel like five are established… if you feel like five, but not six. It is an acquittal. It’s not like horseshoes, there’s no point in going near them. It’s all or nothing, and if there isn’t, it’s not guilty.

The jury deliberated for about two hours Thursday afternoon before being sent home after 5 p.m. The jury will continue its deliberations today.