Thursday night's verdict for James Malec was lighter than the second-degree murder conviction sought by prosecutors, but stiffer than the defense's goal of acquittal based on self-defense.

Gwen Moore, Malec's wife and the mother of shooting victim Justin Eilers, said she believes justice was served, but she hadn't been hoping for either of the possible convictions.

"I didn't want to make that determination as a wife and a mother," Moore said before weeping in her sister's arms. "Everyone asked me what justice I wanted. I want my son back, that's what I want. And I'm not going to get that."

Malec's family members declined to comment after the verdict.

The jury deliberated for about eight hours before choosing the option of voluntary manslaughter, which is punishable by a fine of up to $15,000 and/or up to 15 years in prison. The maximum sentence for second-degree murder is life in prison.

Malec is expected to be sentenced in October, but a date has not been set.

Prosecutors told the jury that Malec's choice to shoot and kill Eilers was deliberate, unnecessary and unlawful.

The defense argued that Malec properly used his former police training to stop a deadly threat last Christmas when he shot and killed his wife's son, a professional martial arts fighter.

Defense attorney Gordon Petrie made a dramatic presentation to jurors, periodically shouting at full voice to simulate Eilers' behavior that night. He reminded jurors of Malec's account - that Eilers loudly threatened to kill Malec and moved toward him before Malec, convinced the angry athlete would kill him, shot Eilers once in the chest.

"Never lose sight of the fact that Justin tried to make a living by pummeling people into submission," Petrie said.

Deputy Canyon County Prosecutor Scott James said Eilers was unarmed and backing away from Malec when Malec shot him,

"Justin Eilers was acting like a jerk, there's no question," James said. "He was ruining Christmas. He was disrespecting the defendant in his own home.

"But he didn't deserve to die."

James noted that Malec's version of events differs widely from the accounts of others who were at the gathering that night, especially Moore.

By some accounts, Moore was standing between the two men and turned to the side just before her husband shot her 30-year-old son. She apparently did not hear Eilers threaten to kill Malec, and she testified that Eilers was backing away from Malec just before the shot rang out.

Kristin Rodine: 377-6447