Pubdate: Wed, 24 Jan 2007
Source: Yorkton This Week (CN SN)
Copyright: 2007 Yorkton This Week
Contact:  http://www.yorktonthisweek.com/
Details: http://www.mapinc.org/media/2543
Author: Ann Harvey, YTW Staff Writer

WALKER FOUND GUILTY OF SECOND DEGREE MURDER

A jury has convicted Kim Joseph Walker of second degree murder, 
recommending that he be given most lenient sentence possible, but his 
lawyer plans to appeal the verdict.

Justice Jennifer Pritchard accepted their recommendation sentencing 
the 50-year-old Yorkton man to serve the minimum of 10 years in jail 
before being eligible for parole.

In an interview following the trial defence counsel Morris Bodnar of 
Saskatoon said he will definitely appeal to the Saskatchewan Court of 
Appeal. He said the grounds will be "the judge not putting self 
defence to the jury and not leaving the option of an acquittal."

Following the verdict, Walker was taken into custody after being 
allowed some time with his extended family. He showed the same calm 
and impassive demeanour that he had exhibited throughout the trial as 
he was taken through a back exit by RCMP officers.

His wife, Elizabeth Walker, later left through the front exit with a 
large group of family and friends. As she got into a van she called 
James Hayward "a dirty scumbag."

Walker had been charged with first degree murder after firing a 
semi-automatic pistol 10 times at 24-year-old James William Hayward 
on March 17, 2003, at a house on Agricultural Avenue which Hayward was renting.

Hayward bled to death and a witness testified that five bullets or 
parts of bullets from the pistol were found in his body.

Walker's daughter, Jadah, had been taking morphine with Hayward who 
was her boyfriend. She was 16 at the time and was addicted to the drug.

Witnesses testified both she and Hayward, a former bodybuilder, had 
lost a lot of weight through its use.

The Walker family obtained a Mental Health Act warrant that committed 
Jadah Walker to treatment at the Pine Unit of Yorkton Regional Health 
Centre for 72 hours, but she had friends bring her to Hayward at his 
home shortly after her release.

Walker then took a gun to Hayward's home and shot the man several 
times. He said he did not remember the shooting.

Walker's trial began on Jan. 8 and by Jan. 15 both Crown prosecutor 
Daryl Bode of Yorkton and defence counsel Morris Bodnar of Saskatoon, 
had presented evidence and their closing arguments.

On Wednesday, Jan. 16, Justice Pritchard charged the jury instructing 
them that they could not lawfully acquit Walker. She told them their 
lawful options were to convict him of first degree murder, or one of 
the lesser but included offences of second degree murder or manslaughter.

The following three days of deliberations were punctuated by quick 
press conferences held by members of Walker's and the victim's family.

First on Wednesday, Walker, speaking with low tones, told the press 
that the important thing is his daughter, Jadah, is alive.

He thanked the community. "We have been blessed in many, many ways. 
We have had much support.

Following that, James Hayward's mother, Lorrie Getty of Moose Jaw, 
spoke just as briefly, struggling to speak through her tears saying 
the community had demonized Hayward, "because my son, James, sold 
marijuana which is against the law.

"He was a god person.

"The defence claims that Kim Walker saved his daughter. My son, 
James, was taking morphine before his death. I was never given a 
chance to save him." On Thursday, James Hayward's stepsisters, Alana 
Getty, 29, of Calgary and Kendra Getty, 27, of Vancouver, the 
daughters of the man Lorrie Getty married 10 years ago, read a 
lengthier statement.

It concluded: "We believe that not convicting Mr. Walker of murder 
would send the message that we don't need to care about everyone in 
our communities. If we don't respect someone's lifestyle, of if they 
are breaking laws, then we can not take their life and expect that 
the law won't apply to us.

"Parents do not have the right to murder anyone their child chooses 
to date under any circumstances."

Also, at 9 p.m on Thursday, Jan. 18, Bodnar made a challenge which 
was not revealed to the jury.

He presented an Oct. 26, 2006, Supreme Court of Canada decision in 
which Grant Krieger of Alberta, a former Preeceville resident, who 
said he needed marijuana for medical reasons, had been charged with 
growing it and a judge had directed jurors to convict him.

Krieger won his appeal because the judge had not told the jury that 
they also had the option of acquitting the defendant although it 
would be unlawful. Bodnar asked for a mistrial.

Bode argued that the judge's charge was acceptable and both Crown and 
defence said giving more instruction to the jury would be wrong.

The judge declined the request for a mistrial and chose to continue 
without advising the jury.

Following receiving the jury's verdict at about 3:30 p.m. on Friday, 
Jan. 19, and then quick withdrawal and return with their sentencing 
recommendation, the judge said, "The jury has recommended that you be 
eligible for parole at the earliest opportunity in the law and I 
accept your recommendations.

"Based on the evidenced at this trial I am satisfied I am convinced 
that you were at the time of this offence operating under terrible anguish.

"You may very well have honestly believed at that time that shooting 
James Hayward was the only option in rescuing your daughter from the 
life she had been lured into.

"In short you were a desperate man. No doubt the heart of most 
parents reaches out to you in sympathy for your anguish."

But the judge said, "In saving your daughter you unnecessarily took 
the life of another human being."

Pritchard said Hayward was a 24-year-old who had influenced Jadah 
Walker, an "impressionable and vulnerable 16-year-old."

She sentenced Walker to a lifetime firearms prohibition and required 
him to provide a sample to the DNA bank as well as noting that there 
is a mandatory requirement for him to forfeit all his firearms to the Crown.
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MAP posted-by: Elaine