Floyd released on own recognizance pending trial
Judge Dan Wilson released on his own recognizance Thursday the man accused of running over his ex-wife in Martin City in June.
The Dec. 7 decision came on 38-year-old Kenneth James Floyd’s second attempt to see his bond reduced in Flathead County District Court. Authorities have held him in the county jail with bail set at $100,000 since Oct. 18.
Prosecutors filed a felony negligent homicide charge against him earlier that month.
Floyd allegedly was visiting with Kimberly Gilham, his ex-wife, in his pickup truck in the alleyway between First Avenue North and Central Avenue in Martin City on June 18 prior to the fatal incident. Gilham’s current husband, Christopher Gilham, told authorities he spotted the pair after returning home and began yelling at Floyd for parking near his house, court documents said.
Kimberly Gilham got out of the truck and was walking around the front of it when Floyd shifted into drive and ran over her before leaving the area, court documents alleged.
Though alive when first responders arrived, Kimberly Gilham suffered serious injuries to her legs, according to court documents. She died at Logan Health Medical Center, court documents said.
Floyd pleaded not guilty to negligent homicide before Judge Heidi Ulbricht on Nov. 2. During a subsequent bond hearing, Ulbricht cited Floyd’s criminal history and the lack of information his defense team presented to the court regarding his ability or inability to post bond as reasons for keeping bail at $100,000.
Just days after Ulbricht denied the bond modification request, defense attorney Jami Rebsom requested the case be transferred to another judge.
Before Wilson on Dec. 7, Rebsom argued that Floyd, who she said could not afford to post bail, enjoyed deep ties to the community, having been born and raised in the Flathead Valley, and would resume working upon his release. He planned to live with a friend on North Meridian Road in Kalispell, she said.
Acknowledging past partner or family member assault allegations, Rebsom said those cases were eventually dismissed. As for whether he posed a flight risk, Rebsom said that Floyd had cooperated with investigators since the deadly incident in June and turned himself in after authorities issued a warrant in October.
“There is no evidence that Mr. Floyd is a danger to any person in this community or any other community,” Rebsom told Wilson.
She began delving into details surrounding the night that his ex-wife, Kimberly Gilham, died when Wilson interrupted her to ask specifics about Floyd’s employment before turning to hear from prosecutors.
Deputy County Attorney John Donovan argued that the facts remained the same as during the Nov. 2 bond modification hearing before Ulbricht. Pointing to the past allegations of partner assault, Donovan said there remained concerns about his alleged violent behavior toward women.
Negligent homicide, he also argued, required a bond of some amount.
“The charge is serious: causing the death of another human being,” Donovan told Wilson.
He argued that Floyd fled the scene and stayed away even after Christopher Gilham called him to tell him that she had been struck.
Wilson, though, noted a warrant for his arrest wasn’t issued immediately after the fatal incident. Ordering that Floyd submit to global positioning system monitoring while released, and at his own expense, Wilson said that GPS tracking largely addressed his concerns for public safety.
“So he just kills someone and gets to go free?” shouted Christopher Gilham from the rear of the courtroom before being escorted out. “That’s what’s happening?”
At the request of prosecutors, Wilson also set as a condition for Floyd’s release that he abstain from alcohol as well as bars, taverns and casinos. He is also restricted from possessing firearms.
Floyd is next expected in court on Jan. 10 for a pretrial conference. A jury trial is scheduled for February.
Negligent homicide is punishable by up to 20 years in the Montana State Prison and a fine of $50,000.