Murder trial begins in Elkins | News, Sports, Jobs

Gilliam

ELKINS – The murder trial of an Elkins man accused of stabbing his stepfather to death in 2022 began Wednesday in Randolph County District Court.

Kenneth Gilliam, 59, is charged with first-degree murder and assault during the commission of a serious crime in connection with the March 5, 2022, stabbing death of his stepfather, Donald Kelly, 75, in the home Gilliam shared with his mother and Kelly on Diamond Street.

Gilliam was charged with both crimes in November 2022.

Randolph County Prosecutor Michael Parker told the jury in his opening statement that officers knew the murder was premeditated because of the 911 calls Gilliam made before and after the murder.

“You hear the defendant call 911 and tell them what he was going to do, and then call 10 minutes later to tell them he had done what he said he was going to do,” Parker told the jury. “This is not a 'who did it?' question. The defendant, Mr. Gilliam, clearly stabbed the victim, Mr. Kelly…”

Parker then cited portions of the March 5 911 transcripts. The jury heard the recorded calls in full during questioning of the prosecution's first witness, Corporal AB Beverly of the Randolph County Sheriff's Office, the investigating officer in the case.

According to the 2022 criminal complaint, Gilliam called 911 to report that Kelly was verbally abusive and threatening him and his mother. He then told the operator: “If nobody comes up here and gets him, I'll kill him.” After answering some questions from the operator, Gilliam said: “It doesn’t matter, there’s nothing you can do, I will do it” before you hang up.

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

Gilliam is represented by attorneys James Hawkins Jr. of Harrison County and Brent Easton of Tucker County. Easton delivered the defense's opening statement, arguing that Gilliam did not plan to kill Kelly but acted in self-defense.

“People who commit premeditated murder generally do not pick up the phone first, then call 911 and report themselves for something they are about to do,” Easton told the jury. “It's just completely unreasonable. And it's also completely unreasonable to think that this is the basis for intent when someone is accused of murder.”

Easton also told the jury that while Kelly acted as a father figure for most of Gilliam's life, their relationship was very volatile. He pointed to a 2016 incident in which Kelly was arrested for domestic violence against Gilliam. The 2016 case was dismissed.

On the night of the stabbing attack, Easton stated that Kelly grabbed him by the shoulders and spun him around while he was using a paring knife to chop onions for a sandwich, according to Gilliam. “violent,” still held his shoulders. Easton said Kelly then pulled Gilliam closer to him, after which he was stabbed.

Beverly, who was called as the prosecution's first witness, told the court he arrived at the scene after Patrolman DT Sayre of the Elkins City Police, Patrolman D. Coffman and Deputy LR Elbon of the Randolph County Sheriff's Office arrived. He then secured the scene and took photographs of the scene and of Gilliam.

The jury was then shown these photos, one of which showed beer cans in Gilliam's room. When Parker asked if Gilliam passed or failed a preliminary breath test, Beverly said he failed.

The jury was also shown the knife used in the murder, Gilliam's sweatpants that he was wearing that day, Kelly's shirt that he was wearing that day – and which, according to Beverly, “soaked in blood” – and the mop Betty Kelly used to clean up the blood from the kitchen floor when police arrived, as well as DNA evidence.

During cross-examination, Hawkins asked Beverly how Gilliam reacted to the police arrival and how cooperative he was during the investigation, to which Beverly said Gilliam was “heartfelt” And “Fact” with him.

Hawkins also questioned Beverly about Elbon taking the knife used in the stabbing out of the sink before Beverly arrived and why it wasn't photographed. In an earlier statement, Beverly said he was informed the knife was found in the sink before he arrived at the scene and that Elbon gave him the knife on the porch when he arrived.

“Is there a procedure and policy for collecting such evidence?” Hawkins asked Beverly.

“NO,” Beverly answered.

Prosecutors also called Sayre, Coffman and Elbon to the stand on Wednesday to testify about what they observed as police officers responding to the incident on March 5.

When Hawkins asked why he took the knife out of the sink before Beverly arrived, Elbon, who had been on the job as a deputy for three months at the time of the stabbing, said he was afraid someone would come in and turn on the water in the sink, washing away evidence.

The prosecution also called Heather Harper, a Randolph County medical examiner, and Piotr Kubiczek, a forensic pathologist and West Virginia's deputy chief medical examiner, to the stand. Both examined Kelly's body after his death.

The trial is expected to last until Friday.