Gilliam

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

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

Gilliam had been indicted for first-degree murder and assault during the commission of a felony in November 2022.

The jury deliberated for two days before reaching the verdict Friday afternoon, meeting for about two hours on Thursday and about five hours on Friday.

Around 5:30 p.m. Thursday the jury was sent home for the day without a verdict. On Friday morning, just after beginning deliberation again, the jury asked Judge David Wilmoth for clarification on the legal definition of malice. They returned with the verdict Friday afternoon.

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

According to the 2022 criminal complaint, Gilliam called 911 to report that Kelly was cussing and making threats to him and his mother. He then told the operator, “If somebody don’t come up here and get him, I’m about to kill him.” After answering a few questions from the operator, Gilliam then said, “never mind, 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 said nothing was wrong. Around 10 minutes later, Gilliam called 911 back and said he had just stabbed Kelly in the chest area. The complaint also says Gilliam told dispatchers that he used a kitchen knife.

The prosecution, headed by Randolph County Prosecuting Attorney Michael Parker, made its case for murder in the first degree for two days, calling to the stand 11 witnesses, including Randolph County Sheriff’s Office Corporal A.B. Beverly, Piotr Kubiczek, a forensic pathologist and the Deputy Chief State Medical Examiner of West Virginia, and Betty Kelly, Gilliam’s mother.

Beverly was the investigating officer ,and alongside Elkins City Police Patrolman D.T. Sayre, Patrolman D. Coffman and Randolph County Sheriff’s Office Deputy L.R. Elbon, who were also called to the stand, was a responding officer on March 5, 2022.

Beverly told the court he had given Gilliam a preliminary breath test after smelling alcohol on his breath. When asked by Parker if Gilliam had passed or failed, Beverly said he had failed. According to the 2022 criminal complaint, Gilliam’s Blood Alcohol Count was approximately .286.

Parker argued that because Gilliam had called 911 and said he was about to kill Kelly if someone wasn’t sent to the home, there were grounds for a first-degree murder charge.

“The defendant called 911 and told them that 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 told the jury during his closing arguments on Thursday. “That’s premeditation. That’s deliberation. That’s intent. Ladies and gentlemen, that is murder in the first degree.”

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

“People who commit premeditated murder, they don’t generally pick up the phone prior to doing it, and then call 911, and report themselves for something they’re about to do,” Easton told the jury during the defense’s opening statement on Wednesday. “It’s just completely unreasonable to think that. It’s also completely unreasonable to think that that’s the basis for premeditation when someones accused of a murder.”

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

The Joneses both described an incident in 2016 where they each witnessed Kelly throw Gilliam off the front porch twice and, while pinning Gilliam on the ground, began “smashing” Gilliam’s head repeatedly on the stone walkway to the Kelly’s house.

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

Gilliam took the stand in his own defense and said he called 911 initially on March 5, 2022 because he worried about Kelly hurting him or his mom and wanted someone to be sent to their home 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 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 scared for my life,” Gilliam told the court on Thursday.