James Malec of Nampa, Idaho desparately needs your help and support. (For those who do not wish to read this entire post, you can get a full account of the incident and his legal situation on a website I have created, http://www.friendsforjim.com
) He was involved in an incident at his home on Christmas night which began as a holiday gathering that precipitated with a family argument between his son-in-law and an ex-girl friend. The son-in-law, one Justin Eilers, an ex-Idaho State football star and current professional MMA/UFC cage fighter, continued to elevate the argument and soon became verbally and physically violent, throwing and breaking items in his path and challenging anyone around him to a fight. Malec, 48, a retired Army MP and former Canyon County deputy, referred to his experience and training in such situations, and intervened in the argument and repeatedly affirmed to Eilers to calm down, leave his house and 'take it outside.' The much younger and more physically imposing Eilers became even more enraged and roughly shoved his mother and ex-girl friend away when they tried to move him toward the door and repeatedly challenged Malec to a fight and chiding to 'show me what you got.' Malec then drew his licensed sidearm, and with both hands on his weapon and pointed down and to the right again commanded Eilers to vacate the premises. It was at that point that Eilers lunged at Malec and he fired a single shot hitting Eilers in the chest. Shortly thereafter, police and paramedics arrived on the scene and tried to revive Eilers, but were unsuccessful. Immediately after the gun discharged, Malec calmly went outside to wait for the police to arrive, unloaded his weapon and surrendered to police. He was taken into custody and is charged with second degree murder pending a continuing investigation, and is being held in lieu of $1 million dollars bail. The court-appointed attorney assigned to defend him has proven to be incompetent and uncommunicative towards his client, meeting with him on only 3 occasions in the more that 5 months that he has been incarcerated since his arrest. Jim Malec is my brother, and while my family is of limited means and resources, we nonetheless have retained the services of a private criminal attorney to represent and defend him. His new attorney, a former circuit court judge, feels there is overwhelming legal precedent that will result in a favorable outcome in this case. But justice does not come cheap. While we have literally scraped and begged to obtain the required retainer, we will still be faced with a substantial balance of the attorneys fee. I am appealing to all those who regularly monitor this forum to PLEASE consider helping in any small way by making a donation in ANY amount to help us with the cost of Jim's defense. You can read more about the incident and the current status of his case at our website: http://www.friendsforjim.com
There is an address to which you can send your donation as well as a link to do so via PayPal. My brother is guilty of nothing more than defending himself, his home and those around him from an imminent and violent attack, without regard for his own safety and consequences. He needs and deserves your support, so PLEASE help us in any way you are able.