Negligent Homicide Trial Begins for Columbia Falls Man Accused of Running Over Ex-wife in Martin City
Kenneth James Floyd, 40, is charged with three felonies in the death of Kimberly Gilham after he allegedly ran her over with his vehicle and fled the scene in 2023; defense placed blame on the victim’s then-husband
By Maggie Dresser
The negligent homicide trial of a 40-year-old Columbia Falls man accused of running over his ex-wife and leaving her severely injured at the scene in Martin City before she succumbed to her injuries at the hospital in 2023 is now underway in Flathead County District Court. Jury selection, opening statements and witness testimony took place on Monday, Oct. 27.
The 14-member jury panel, which includes two alternates, heard opening statements and the first two witness testimonies in the case against Kenneth James Floyd, who pleaded not guilty to a felony count of negligent homicide in November 2023. In April 2024, he pleaded not guilty to a second felony count of leaving the scene of a vehicle accident involving serious bodily injury or death to another person and a third felony count of tampering with physical evidence after additional charges were filed by the Montana Department of Justice.
Flathead County District Court Judge Dan Wilson is presiding over the trial, which is scheduled to last through next week.
Floyd was released from the Flathead County Detention Center in December 2024 when Judge Wilson granted the defendant’s release on his own recognizance, eliminating the $100,000 bond after his Livingston-based attorney Jami Rebsom argued he was not a flight risk and he cooperated with authorities.
At a previous hearing the month before, Judge Heidi Ulbricht denied the defendant’s bail-reduction motion. Following the denial, Rebsom filed a motion to substitute district court judges and Ulbricht was replaced by Wilson.
Montana Department of Justice Assistant Attorney General Ed Hirsch, who is serving as a special deputy county attorney in the case, told the jury during opening statements that the defendant “crushed the life” out of his ex-wife, Kimberly Gilham, when he ran her over after she exited his pickup truck. He then fled the scene and drove to Browning before turning himself in more than 10 hours later.
According to prosecutors, Kimberly and Floyd were sharing a half gallon of vodka paired with 7 Up in his silver Chevy Silverado just before 1 a.m. in the alley of the residence she shared with her then husband, Chris Gilham.
While the pair was together in the pickup truck, Chris’s vehicle was traveling west down the alley in a maroon Chevy Trailblazer and pulled up in the grass next to the alley when he got out of the vehicle, approached the defendant’s pickup truck and began yelling.
Kimberly then exited the vehicle and walked in front of the pickup truck, at which point Floyd drove away from the scene eastbound before heading south and then west in front of the Martin City Fire Department where his vehicle is captured on surveillance camera.
Within 30 seconds, Chris calls 911 and uses his wife’s phone to try and contact the defendant. Floyd did not turn himself in until roughly 10 hours later after law enforcement failed to find him, according to prosecutors.
Floyd’s truck was seized after driving to Browning and investigators found scuff marks on the bumper and hair on the mudflap.
“You’re going to hear the defendant crushed the life out of Kimberly Gilham,” Hirsch said. “The pickup ground her into that roadway and she died from her injuries. He fled the scene and took his truck – that instrument in her death.
According to Floyd’s defense attorneys, Jami Rebsom and Suzanne Malloy, the defendant denies running over Kimberly and placed the blame instead on Chris, who was enraged about the pair having conversations about “reconciling and rekindling their relationship.”
Rebsom told the jury that Chris pulled into the alley facing Floyd’s truck about 20 feet away before angrily approaching the driver’s side window, at which point Kimberly exited. Rebsomalso clarified that Floyd did not flee, but drove away when he saw his ex-wife safely out of the way.
“Chris is furious,” Rebsom said. “He’s irrational and he’s out to get Ken. Chris already knows that Kim and Ken are having this relationship. He’s seen the text messages, he’s seen the photographs – he’s angry. After Kim is out of the vehicle, Ken drives away. Ken does not speed off, he is not fleeing – he’s not trying to run anyone down. It’s not going to make sense when he’s in this relationship with Kim and cares about her, that he’s just going to run her over. … He’s not fleeing from any accident because Ken did not strike Kim.”
Rebsom told jurors there was no “forensic link” between Kim’s death and Floyd’s truck and law enforcement improperly investigated the case when they chose not identify Chris as a suspect and did not seize his Trailblazer as evidence.
“Law enforcement failed in this case, ladies and gentlemen,” Rebsom said. “And when law enforcement fails, and evidence is missing, and they try to create evidence to match a theory that they want – it’s unacceptable – and the law protects innocent people. Being accused of an offense is not proof. Anger is not proof. A tragic death is not proof. You’ll see at the end of this evidence, that Ken’s truck never struck Kim. The state will not be able to prove its case beyond reasonable doubt.”
During witness testimony, Flathead County Sheriff’s Office Deputy Darin Wise told prosecutors that following his investigation, there was no evidence that led him to believe that Chris was a suspect in his wife’s death.
Testimony will continue in Flathead County District Court at 9 a.m.