The defense had asked the judge to be lenient on the Gause, who they said had little to no criminal record. They also noted that the man maintains his innocence and plans to appeal the verdict.
Gause was accused of shooting and killing Kilgore after an argument on May 29, 2020, in the 900 block of Manhattan Avenue in Dayton. Kilgore reportedly ran after the argument moved outside the home, but Gause and two other men were able to catch up to him, according to court records.
During the argument, Gause struck Kilgore in the face with a handgun. Kilgore was able to get away from the men, but as he was running, Gause told detectives that he fired at least two rounds, records stated.
Credit: Montgomery County Jail
Credit: Montgomery County Jail
During a sentencing hearing held Friday afternoon, the aunt of Kilgore read a written victim impact statement by Kilgore’s mother who asked the judge to sentence Gause to 25 years, one year for the nearly 25 years Kilgore lived.
“It was very hard saying goodbye to my youngest and only son. He had a smile like no other, he loved life and lived for good times with family and friends,” the written statement said of Kilgore.
His mother said that Kilgore was a forgiving person and would have forgiven Gause. She said she hoped Gause finds God’s grace and shows love towards others in the future.
Gause declined to speak during the sentencing and the judge said the shooting never should have happened.
“Quite frankly sir, this was so senseless, there is nothing that could justify nonconsecutive sentences,” Judge Mary K. Huffman told Gause during sentencing. “There is just nothing that can be said that will make that family feel any better about this absolutely senseless act, shooting down the road, with no consideration of who you might hit and what might the consequence be.”
Prosecutors wrote in a sentencing memorandum prior to Friday’s hearing that Gause and the victim were friends before the shooting and that Gause fled the scene and hasn’t shown remorse.
“Not once during the interview with law enforcement did the defendant indicate any remorse, sympathy or atonement for taking Jayven Kilgore’s life. Further, not once during the recorded jail calls with his family and friends did the defendant indicate any remorse, sympathy or atonement for taking Jayven Kilgore’s life. The defendant’s acts demonstrate that he has no regard for the laws of society and the sanctity of life.”
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