Inter-Mountain photo: Taylor McKinnie Kenneth Gilliam (center) talks with his attorney Brent Easton (right), attorney James Hawkins Jr. (left) listens to District Judge David Wilmoth’s decision Thursday afternoon.

ELKINS — An Elkins man was sentenced to 15 years in prison for involuntary manslaughter and up to 10 years in prison Thursday for assault during a felony in the death of his stepfather.

Kenneth Gilliam, 59, was sentenced Thursday afternoon in Randolph County Circuit Court by Judge David Wilmoth for the March 5, 2022 stabbing death of his stepfather, Donald Kelly, 75.

The sentences will run consecutively and he will be sentenced to between 17 and 25 years in prison. Kelly’s family was also offered $16,033 in compensation for funeral expenses.

On September 27, Gilliam was found guilty of two charges by a jury after two days of deliberation. He was charged with first-degree murder and assault during the commission of a felony in November 2022.

Gilliam, attorney James Hawkins Jr. of Harrison County. and was represented by attorney Brent Easton of Tucker County; both argued during the trial that Gilliam acted in self-defense and that there was no premeditation.

Before imposing the sentence, Hawkins applied for an acquittal on the following grounds: “After considering all the evidence in the case, reasonable minds could not find it…” He argued that Gilliam was guilty of the charges and that the state had failed to prove beyond a reasonable doubt that the death was not the result of self-defense. He also requested a new trial. “procedural and consequential… errors” which resulted in Gilliam not getting it “fair or proper trial.” Wilmoth rejected both proposals.

Hawkins asked Wilmoth to sentence Gilliam to five years in prison for involuntary manslaughter due to malice, and that the sentences be served concurrently rather than consecutively. Hawkins also brought to the court’s attention that the investigating officer in the case, Randolph County Sheriff’s Office Corporal AB Beverly, had recommended an alternative drug and alcohol treatment sentence for Gilliam.

When asked if Wilmoth had anything he wanted to say, Gilliam said he was sorry.

“I’m sorry that all this happened.” Gilliam said. “It was a terrible day… awful, so I’m sorry to my mom, her family, everyone.”

Victim impact statements were given by Kelly’s two sisters, Karen Elza and Sharon Sutton, during the sentencing, and the court was asked to give Gilliam a maximum sentence of 15 years for premeditated manslaughter and a maximum sentence of not less than two and not more than 10 years for assault during commission. was requested. for a crime.

“Kenneth Gilliam, I would like to touch on a few issues” said Elza. “Don became your stepfather when you were 7 years old. What happened to the good times? I know Don takes you camping, hunting and fishing. If he was a child molester or hated you that much, he would never do these things to you. Or did he beat you and force you to do these things? No. He was trying to be a father to you, to teach you a few life lessons. When did discipline turn into abuse?”

Sutton echoed her sister’s sentiments.

“Don was not the evil person portrayed during the trial.” Sutton said. “My brother was a Vietnam War veteran and proudly served his country. Don retired from the West Virginia Department of Highways after a distinguished career as a mechanic. After retirement, he continued to work as a seasonal worker for the DNR and worked his entire adult life to provide and maintain a comfortable life for Betty and her children.

Randolph County Prosecutor Michael Parker also asked the court to sentence Gilliam to the maximum legal sentence. “He decided what to do, researched it, and did it.”

Wilmoth said he believed Gilliam was indifferent to what happened, before sentencing Gilliam to 17 to 25 years in prison for both charges.

“My observation throughout this process, from our first hearing to now, is what I perceive to be a level of indifference on your part to what is happening.” Wilmoth said to Gilliam:

According to the 2022 criminal complaint, Gilliam called 911 to report that Kelly was swearing and threatening him and his mother. He then said to the operator: “If someone doesn’t come here and get him, I’m about to kill him.” After answering a few questions from the operator, Gilliam said: “Never mind, you can’t do anything, I can do it” before hanging up the phone.

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

About 10 minutes later, Gilliam called 911 and said he stabbed Kelly in the chest area. The complaint also states Gilliam told officers he used a kitchen knife.