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Gilliam

ELKINS – An Elkins man was found guilty by a jury of two felonies – but not of first-degree murder – in a murder trial in Randolph County Circuit Court on Friday.

Kenneth Gilliam, 59, was found guilty of involuntary manslaughter and assault during the commission of a felony in the March 5, 2022, stabbing death of his stepfather Donald Kelly, 75.

Gilliam was charged with first-degree murder and assault during the commission of a felony in November 2022.

The jury deliberated for two days before reaching its verdict on Friday afternoon. It met for about two hours on Thursday and about five hours on Friday.

At about 5:30 p.m. Thursday, the jury was sent home without a verdict. On Friday morning, shortly after the jury resumed deliberations, the jury asked Judge David Wilmoth for clarification on the legal definition of malice. They returned with the verdict on Friday afternoon.

Gilliam is scheduled to be sentenced Nov. 14 at 1:30 p.m

According to the 2022 criminal complaint, Gilliam called 911 to report that Kelly was verbally abusing and threatening him and his mother. Then he said to the operator: “If someone doesn’t come up and get him, I’m going to kill him right now.” After answering a few questions from the operator, Gilliam said: “It doesn’t matter, you can’t do anything, I’ll do it.” before you hang up the phone.

911 reportedly called again to check on the situation and spoke with Betty Kelly, Gilliam's mother, who said nothing was wrong. 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.

The prosecution, led by Randolph County Prosecutor Michael Parker, argued the first-degree murder case for two days and called 11 witnesses to the stand, including Randolph County Sheriff's Sergeant AB Beverly, Piotr Kubiczek, a forensic pathologist and Deputy Chief State Medical Examiner of West Virginia and Betty Kelly, Gilliam's mother.

Beverly was the investigating officer and was a responding officer on March 5, 2022, alongside Elkins City Patrolman DT Sayre, Patrolman D. Coffman and Randolph County Sheriff's Office Deputy LR Elbon, who were also called to the stand .

Beverly told the court that he gave Gilliam a preliminary breath test after smelling alcohol on his breath. When Parker asked whether Gilliam passed or failed, Beverly replied that he failed. According to the 2022 criminal complaint, Gilliam's blood alcohol level was approximately 0.286.

Parker argued that there was grounds for a first-degree murder charge because Gilliam called 911 and said he would kill Kelly if someone wasn't brought to the home.

“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 stabbed Mr. Kelly and killed him.” Parker told the jury during his closing arguments Thursday. “This is intentional. This is consideration. This is intentional. Ladies and gentlemen, this is first degree murder.”

Gilliam was represented by Harrison County Attorney James Hawkins Jr. and Tucker County Attorney Brent Easton, both of whom argued that Gilliam acted in self-defense and that there was no premeditation.

“People who commit premeditated murder generally don't pick up the phone first, then call 911 and report something they're about to do.” Easton told jurors during the defense's opening statement Wednesday. “It’s just completely unreasonable to think that. It is also completely unreasonable to believe that this is the basis for premeditation when someone is accused of murder.”

The defense called three witnesses to the stand during the trial, including Kimberly and James Jones, longtime neighbors of the Kellys and Gilliam, as well as Gilliam himself.

The Joneses both described an incident in 2016 in which they both witnessed Kelly throw Gilliam off the porch twice and began while pushing Gilliam to the ground “shattering” Gilliam's head repeats on the stone path to the Kellys' house.

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

Defending himself, Gilliam said he initially called 911 on March 5, 2022 because he feared Kelly might hurt him or his mother and wanted someone sent to their home to help. After hanging up, Gilliam said he was chopping onions for a sandwich when Kelly came into the kitchen and yelled at him for even calling 911. He then 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 on Thursday.