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Idaho man facing 2nd degree murder for defending himself against enraged attacker needs your help.

Ron M

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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.

Thank you,
Ron Malec
 

UTOC-45-44

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Ron M wrote:
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.

Thank you,
Ron Malec

This would be more credible if there would be police reports, news paper clips, ect for people to donate. I do not believe that people will assist without any Credible sources. Sorry.

If the story is true it's a tragedy

TJ
 

POORBOY

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Y eah with no more info on this along with the fact if he was so outraged and crazy there is two witnesses there.

Granted they are family and thats a fault but with the alleged pushing and shoveing the ladies should of had bruising in my opinion. Which should stand with the self defense.

I dont know there is alot of questions here
 

rmansu2

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My question is, if you are familiar with the site, why is this your first post. Maybe if you were a member before asking for money, we could read some of your post to get a feel for who you really are.
 

Prophet

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Ron M wrote:
I am dismayed at the implication that this 'story' is somehow not true. If you wish to read more public accounts about the incident, I can refer you to the links below"

Untruth on the internet?!?!? Why its UNHEARD of!! How dare anyone ever think that some stranger asking for money through the internet could be anything BUT legit. Where would the poor exiled king of the congo be if you didn't help him launder his money out of the country? Or what about all the lottery winners who won lotteries that they never entered? Where would they be if this sick and twisted cynicism were to pervade every good natured money request on the internet.


HOW DARE THEY!!!
 

Ron M

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My brother, the accused, is a member of this site and asked me to post the circumstances of the event and his legal status on his behalf to hopefully elicit some small measure of support from other members of this site i response to his situation.

My apologies if I have in some way skirted some protocol and aroused suspicion. I am simply trying everything I can to help my brother in any way possible.
 

Ron M

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Your point is well taken and I can certainly understand that thought process, and I do not wish to engage in a 'pissing contest' over yours or my position and intentions. Please take the time to view the public accounts of the incident and also visit the website, http://www.friendsforjim.com which provides details of the shooting and other related information. You will also see that there is full and complete contact information if anyone feels compelled to do so.

Beyond that, all I can do is to continue to reach out to as many sources as possible to try and gain support on my brothers behalf.
 

jegoodin

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Best of luck. I donated $25.

Most of the articles that you posted as a link are for a pay service. I don't know if there is a way to get around that.
 

HankT

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Ron M wrote:
James Malec of Nampa, Idaho ...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...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.


Holidays + Family + Anger + Alcohol = Bad Outcome

Holidays + Family + Anger + Alcohol + Gun(s)= Extremely Bad Outcome



This case once again proves the validity and accuracy of the much heralded HankT's Postulate of Civilian Self-Defense (HPCSD). Here it is for any who may somehow have not been made aware of it, even though it has diffused widely throughout this land:


It is a bad strategy to shoot an unarmed person.


This postulate has never been refuted. It is an amazinglyuniversally applicable construction. The instant case of the Justin Eilers Christmas shootingisbuta recentexemplar of HPCSD.

Please, all my brothers and sisters reading this case and this post.....NEVER forget HankT's Postulate of Civilian Self-Defense. You'll be sorry if you do.

HPCSD ALWAYS applies. Just ask James Malec and family. :(
 

Ron M

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To members of this forum:

In my zeal and 'tunnelvision' in trying to relate the circumstances of, and to gain support of my brother, James Malec, accused of second degree murder, I stand 'guilty' of not realizing the skeptic nature of such pleas across the internet and the reaction it received. Again, my apologies for any misunderstanding and breach of forum protocol in making my appeal.

I only ask that if anyone is at all moved or concerned by my plea, that they at least take a few minutes to follow the public accounts of the incident and visit the website for more detailed information, and if needed, to contact me, or anyone else listed on the site. If you do not wish to continue to communicate through this forum, you can contact me directly at rmalec1036@aol.com or by phone at (717) 626-6121.

If you are in some way moved to help, then please do so with my families deepest thanks and appreciation.

Sincerely,
Ron Malec
 

sraacke

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This case once again proves the validity and accuracy of the much heralded HankT's Postulate of Civilian Self-Defense (HPCSD). Here it is for any who may somehow have not been made aware of it, even though it has diffused widely throughout this land:


It is a bad strategy to shoot an unarmed person.


This postulate has never been refuted. It is an amazinglyuniversally applicable construction. The instant case of the Justin Eilers Christmas shootingisbuta recentexemplar of HPCSD.

Please, all my brothers and sisters reading this case and this post.....NEVER forget HankT's Postulate of Civilian Self-Defense. You'll be sorry if you do.

HPCSD ALWAYS applies. Just ask James Malec and family
Hank,

I ave to disagree with you on this. If I face a young, healthy UFC cage fighter in a 1on1 fist fight I risk serious bodily injury or even death. That to me is the very reason to arm myself. To equalize things. Now if the cage fighter still feels the need to take on an armed person that just PROVES how big of a threat that person really is to me and how much I need to be properly armed against such a threat.
 

Prophet

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yale wrote:
This case once again proves the validity and accuracy of the much heralded  HankT's Postulate of Civilian Self-Defense (HPCSD). Here it is for any who may somehow have not been made aware of it, even though it has diffused widely throughout this land: 

 
It is a bad strategy to shoot an unarmed person.


This postulate has never been refuted. It is an amazingly universally applicable construction. The instant case of the Justin Eilers Christmas shooting is but a recent exemplar of HPCSD. 

Please, all my brothers and sisters reading this case and this post.....NEVER forget HankT's Postulate of Civilian Self-Defense. You'll be sorry if you do.

HPCSD ALWAYS applies. Just ask James Malec and family
 Hank,

I ave to disagree with you on this.  If I face a young, healthy UFC cage fighter in a 1on1 fist fight I risk serious bodily injury or even death. That to me is the very reason to arm myself. To equalize things.  Now if the cage fighter still feels the need to take on an armed person that just PROVES how big of a threat that person really is to me and how much I need to be properly armed against such a threat.

Technically that UFC fighter IS armed with 2 deadly weapons. All professional fighters and any master of a martial art (ie Black Belt)hands are considered lethal weapons in the eyes of the law. Ipso facto even though they don't have a gun or a knife they are most assuredly armed with deadly weapons and use of deadly force would be an acceptable means to defend yourself.
 

Pagan

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I have studied some Hand to Hand combat, and if I get into a fight with you, youare either goingto the hospital or to the grave, I fight to win, period, and I'm just a nobody in Virginia who just happen to study some SEAL team H2H technique for a couple years, professional fighters are WAY more dangerous.

Unarmed is highly subjective to interpretation. I'm NEVER unarmed, and neither are most others.
 

HankT

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yale wrote:
This case once again proves the validity and accuracy of the much heralded HankT's Postulate of Civilian Self-Defense (HPCSD). Here it is for any who may somehow have not been made aware of it, even though it has diffused widely throughout this land:


It is a bad strategy to shoot an unarmed person.


This postulate has never been refuted. It is an amazinglyuniversally applicable construction. The instant case of the Justin Eilers Christmas shootingisbuta recentexemplar of HPCSD.

Please, all my brothers and sisters reading this case and this post.....NEVER forget HankT's Postulate of Civilian Self-Defense. You'll be sorry if you do.

HPCSD ALWAYS applies. Just ask James Malec and family
Hank,

I ave to disagree with you on this. If I face a young, healthy UFC cage fighter in a 1on1 fist fight I risk serious bodily injury or even death. That to me is the very reason to arm myself. To equalize things. Now if the cage fighter still feels the need to take on an armed person that just PROVES how big of a threat that person really is to me and how much I need to be properly armed against such a threat.

You do not appear to be reading the famed HankT's Postulate of Civilian Self-Defense. correctly. It does not say that you shouldn't arm yourself against a (super-tough) unarmed person. It says that it is a bad strategy to shoot that unarmed person. Big difference.

Of course, it is even worse to BE DRINKING AND TO SHOOT AN UNARMED PERSON. Most people who violate HPCSD aren't alcohol-impaired when they do it. It's MUCH worse when one is drinking. Highly irrational.

Jim Malec, I'll bet a lot of money, wishes that he followed my simple, yet powerful postulate. If only I had gotten to him in time...
2.gif
 

Citizen

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According to the OP, the defender fired when the aggressor lunged at him, the defender having previously drawn and having his gun pointed down.

If true, this would be a critical point. The aggressor was about to come into possession of a gun. It doesn't matter much if he draws it from his own holster, picks it up off a nearby table, or takes it out of your hands. He now has a gun.

Also, consider. If an aggressor lunges at a person with a drawn gun,onehas to assume he considers he can win the fight he is initiating. Without knowing his training skill and backround, why would a defender assume the aggressor doesn't know his business?

Massad Ayoob covers these points in one of his books or videos.

I believe this is why police academies teach that there is always at least one gun at every confrontation--your own.
 

HankT

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Citizen wrote:
According to the OP, the defender fired when the aggressor lunged at him, the defender having previously drawn and having his gun pointed down.


Whoa, whoa, Citizen! Whoa, now.


How does the OP know this? Was the OP there at the scene? Did he get this information from others? If so, who?

Speculating about this crucial issue is kind of, um, dangerous if one wants to avoid unnecessary assumptions.

Where did this piece of information come from? And how reliable is it? Is it biased?

Well, as for bias, I see the the OP's account of the incident (sorry, ixtow) on Jim's Plight and here don't mention even one word about the aspect of alcohol at the Christmas celebration. Why is that? Why is that?

I think it just might be relevent how much alcohol was involved in the family celebration. Who was drinking? How much? Who was drunk?

Did the part about Eilers having "lunged" at Malec come from a person who was drunk on the night in question?

Whoa, Citizen. You usually don't get to galloping so quickly. Whoa.

I don't think we know just yet what Eilers actually did...
 

Ron M

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I did not want to start a firestorm of debate with my original post, and don't want to agitate the forum any longer, but feel that I need to clarify a couple of points... The account I related as to the circumstances of the shooting were from the direct testimony of the victim's mother (also the accused's wife) that she gave at a preliminary hearing. There were only 3 people present at the time of the shooting, the shooter, the victim and the mother/wife. Everyone else who was present up until the confrontation had left the house for fear of Eilers' violent behavior and what might happen. This was all related to me in a recent conversation with my brother's attorney and a result of his reviewing the transcripts of the discovery hearings and findings as well as his own interviews with some of those present that night. As for the question of alcohol, we can all assume that there was a level of alcohol consumption by all involved, but I do not know what those actual numbers are. All I can say is that his lead attorney, who is a former Idaho Third Circuit Court Judge, feels strongly that there are many avenues open for a positive outcome in favor of the accused.

Beyond that all I can say is that all will be revealed at the trial and no matter what the outcome will most certainly be a benchmark decision for gun advocates who face this question in the future.

I certainly wish this had never happened and I sincerely hope and pray that it doesn't happen to to anyone in the future...if that were only so...
 

Nutczak

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yale wrote:
This case once again proves the validity and accuracy of the much heralded HankT's Postulate of Civilian Self-Defense (HPCSD). Here it is for any who may somehow have not been made aware of it, even though it has diffused widely throughout this land:


It is a bad strategy to shoot an unarmed person.


This postulate has never been refuted. It is an amazinglyuniversally applicable construction. The instant case of the Justin Eilers Christmas shootingisbuta recentexemplar of HPCSD.

Please, all my brothers and sisters reading this case and this post.....NEVER forget HankT's Postulate of Civilian Self-Defense. You'll be sorry if you do.

HPCSD ALWAYS applies. Just ask James Malec and family
Hank,

I ave to disagree with you on this. If I face a young, healthy UFC cage fighter in a 1on1 fist fight I risk serious bodily injury or even death. That to me is the very reason to arm myself. To equalize things. Now if the cage fighter still feels the need to take on an armed person that just PROVES how big of a threat that person really is to me and how much I need to be properly armed against such a threat.

+1,000
if I am faced with an enraged person with a highly publicized history for winning bare handed fights against several opponents hafl my age. I am not going to take my chances without a firearm! I think the phrase "I would rather be judged by 12, than carried by 6" fits really well in this case.


Now if the police would have been called prior to the shooting taking place, this incident may be a non-issue.
 
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