Gilliam sentenced to up to 25 years in fatal stabbing
Trending
ELKINS -- An Elkins man was sentenced to 15 years for voluntary manslaughter, and up to 10 years for assault during the commission of a felony on Thursday for the death of his stepfather.
Kenneth Gilliam, 59, was sentenced by Judge David Wilmoth in Randolph County Circuit Court Thursday afternoon for the March 5, 2022 stabbing death of his stepfather, Donald Kelly, 75.
His sentences will run consecutively, resulting in prison time of between 17 and 25 years. It was also proposed that he pay $16,033 in restitution to Kelly's family for funeral expenses.
On Sept. 27, Gilliam was found guilty of the two charges by a jury after a two-day deliberation. He had been indicted for first-degree murder and assault during the commission of a felony in November 2022.
Gilliam was represented by attorney James Hawkins Jr. from Harrison County and attorney Brent Easton from Tucker County, who both argued during the trial that Gilliam acted in self-defense and that there was no premeditation.
Hawkins, before sentencing, filed a motion for a judgment of acquittal on the grounds that "reasonable minds could not find after consideration of all the evidence in the case..." that Gilliam was guilty of the charges, arguing that the state did not prove beyond a reasonable doubt that the death was not a result of self-defense. He also filed a motion for a new trial, arguing that there were "procedural and consequential... errors" which resulted in Gilliam not receiving a "fair or proper trial." Wilmoth denied both motions.
Hawkins asked Wilmoth to sentence Gilliam to five years for voluntary manslaughter, due to lack of malice, as well as having the sentences be run concurrently and not consecutively. Hawkins also brought to the court's attention that Randolph County Sheriff's Office Corporal A.B. Beverly, who was the investigating officer on the case, recommended an alternative sentence of drug and alcohol treatment for Gilliam.
When asked by Wilmoth if he had anything he would like to say, Gilliam said he was sorry.
"I'm sorry that all this happened," Gilliam said. "It was a terrible day... terrible, I mean, I'm sorry to my mom, for his family and everybody."
Victim impact statements were given by two of Kelly's sisters, Karen Elza and Sharon Sutton, during the sentencing, asking the court to give Gilliam the maximum of 15 years for voluntary manslaughter and not less than two nor more than 10 years for assault during the commission of a felony.
"Kenneth Gilliam, I want to address a few things," Elza said. "Don became your stepfather when you were 7 years old. What happened to the good times? I know Don took you camping, hunting and fishing. If he was a child abuser or hated you so bad, he never would have done these things with you. Or did he beat you and make you to go to do these things? No. He was trying to be a father to you, teach you a few life lessons. When did discipline turn into abuse?"
Sutton echoed her sister's sentiments.
"Don was not the bad person portrayed during the trial," Sutton said. "My brother was a veteran in the Vietnam War and served his country proudly. Don retired from the West Virginia Department of Highways after a distinguished career as a mechanic. Once he retired from that, he continued to work for the DNR as a seasonal worker, and he worked his entire adult life to provide for and maintain a comfortable life for Betty and her children."
Randolph County Prosecuting Attorney Michael Parker also asked the court to sentence Gilliam to the maximum statutory sentence, arguing that Gilliam "made a decision of what he was going to do and sought out and did it."
Wilmoth, before sentencing Gilliam to between 17 and 25 years for both charges, said he believed Gilliam was indifferent to what happened.
"My observation is, through the course of this proceeding, from the first time we had an arraignment to today, is what I perceive to be a level of indifference to what took place, as far as you were concerned," Wilmoth said to Gilliam.
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 states that Gilliam told dispatchers that he used a kitchen knife.