Columbia Falls Man Convicted of Ex-wife’s Hit-and-Run Death Seeks New Trial
Defense attorneys argue the evidence presented failed to link Kenneth James Floyd to the crime and was insufficient to support the guilty verdict
By Maggie Dresser
Defense attorneys for a Columbia Falls man convicted of negligent homicide in the hit-and-run death of his ex-wife have filed a motion for a new trial, arguing there was insufficient evidence to support the guilty verdict last November, and that prosecutors introduced improper character evidence and gave improper jury instructions.
A Flathead County jury found 40-year-old Kenneth James Floyd guilty in the death of his ex-wife, 37-year-old Kimberly Gilham, who died after she was struck by Floyd’s pickup truck in Martin City in June 2023. Following the six-day trial, Floyd was also found guilty of a felony count of leaving the scene of a vehicle accident involving serious injury or death to another person and a third felony count of tampering with evidence.
Floyd is scheduled to appear before Judge Dan Wilson on March 11 at 1:30 p.m. in Flathead County District Court to ask for a new trial.
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.
Additionally, defense attorneys on Dec. 6 filed a motion in Flathead County District Court to disqualify Judge Wilson arguing that he “clearly had a personal bias and was prejudicial against Mr. Floyd.”
Following Floyd’s testimony at trial, Judge Wilson outside of the presence of the jury doubted Floyd’s credibility and expressed “real concerns” that he would flee before the trial concluded “just like that night,” referring to when Floyd fled the scene of the accident.
Floyd’s attorneys argued that their client had never violated his conditions of release for the two years prior to the trial.
The Montana Supreme Court on Jan. 7 denied the motion to disqualify Judge Wilson, ruling that because the jury also found Floyd’s testimony incredible, his statements are not sufficiently indicative of personal bias.
A 12-person jury deliberated for six hours following the six-day trial before unanimously convicting Floyd on Nov. 3, 2025. He was remanded to the custody of the Flathead County Sheriff’s Office, where he remains.