Judge Denies Acquittal, New Trial for Columbia Falls Man Convicted of Ex-wife’s Hit-and-Run Death

A Flathead County District Court judge on Wednesday denied a convicted murderer’s request for an acquittal and a separate motion for a new trial, ruling against the defense who argued there was insufficient evidence to support the guilty verdict, and that prosecutors introduced improper character evidence and gave improper jury instructions.

On November 3, 2025, a Flathead County jury convicted Columbia Falls resident Kenneth James Floyd, 41, of a felony count of negligent homicide in the June 2023 death of his ex-wife, 37-year-old Kimberly Gilham, who he ran over with his pickup truck in Martin City. He was also found guilty of a felony count of leaving the scene of a vehicle accident involving serious injury or death to a person and a third felony count of tampering with physical evidence.

“The court does not find any merit to any aspect of the defendant’s motion for a new trial or motion for judgement of acquittal, and so those are both denied,” Flathead County District Court Judge Dan Wilson said at the June 3 hearing.

According to the motion filed Dec. 3, 2025 by Floyd’s attorneys, Jami Rebsom and Suzanne Marshall, there was no biological evidence, DNA, blood or fibers found on Floyd’s pickup truck that connected him to Kimberly’s death, and the evidence presented failed to establish beyond a reasonable doubt that his vehicle caused her injuries.

During the trial, an accident reconstructionist testified that there was no evidence that Floyd’s truck struck a pedestrian and that Kimberly’s injuries were consistent with contact from her then-husband Christopher Gilham’s vehicle, which the defendant’s attorneys argue does not support the verdict.

The motion also argues the state violated the court’s order in limine when prosecutors introduced improper character evidence, gave improper jury instructions and failed to process or preserve Christopher Gilham’s vehicle as evidence, “despite its obvious relevance.”

In the state’s response, Assistant Attorneys General Eric Kitzmiller and Edward Hirsch maintained that the evidence presented at trial was considered by all 12 jurors, who found beyond a reasonable doubt that Floyd was guilty of all three counts.

Prosecutors also maintained that the state did not violate pretrial court orders, that the jury instructions were fully and fairly presented to the jury and that law enforcement is not required to assist a defendant with procuring evidence.

Rebsom and Marshall also filed an affidavit submitted by an alternate juror in support of a motion for judgment of acquittal and a motion for a new trial. In the document, the alternate juror stated that she would have found Floyd not guilty had she been permitted to participate and believed the evidence presented at trial was insufficient to support a conviction beyond a reasonable doubt.

“It seems like when there’s a case when we have somebody that as died as a result of whatever means of the incident, it makes it really hard for – I think – jurors to acquit because somebody has passed away and they think somebody needs to be held accountable,” Rebsom said.

Floyd’s defense team requested the juror be allowed to testify at the hearing, which Judge Wilson denied, ruling her testimony was not relevant and not permitted under the law.

“Her affidavit that was offered in support of the motion is stricken,” Wilson said. “It is not permissible, it is not appropriate, it is not allowed under law to offer a testimony of a juror who did not deliberate.”

Floyd’s sentencing hearing has not yet been scheduled.

[email protected]