Pubdate: Sat, 28 May 2011
Source: StarPhoenix, The (CN SN)
Copyright: 2011 The StarPhoenix
Contact: http://www.canada.com/saskatoonstarphoenix/letters.html
Website: http://www.canada.com/saskatoonstarphoenix/
Details: http://www.mapinc.org/media/400
Author: Barb Pacholik, The Leader-Post
Bookmark: http://mapinc.org/people/Kim+Walker

FREE WALKER: DEFENCE

Prosecutor Troubled by Those Saying Shooting Was Justified

The defence believes Kim Joseph Walker should not spend another day 
behind bars, but the Crown says only a lengthy prison term can convey 
the message that vigilante justice will not be tolerated.

Court of Queen's Bench Justice Ellen Gunn will have the final say 
July 13, when she's expected to sentence the 54-year-old Yorkton man. 
Gunn heard sentencing submissions Friday - a day after the seven-man, 
five-woman jury pronounced Walker not guilty of second-degree murder, 
but guilty of manslaughter. Walker, who had been out on bail, was 
taken into custody after that verdict.

Armed with a semi-automatic pistol and 30 rounds of ammunition, 
Walker went to James Hayward's Yorkton home on St. Patrick's Day in 
2003 to retrieve his 16-year-old daughter Jadah, then a morphine 
addict living with Hayward, 24. Jadah had initially come home that 
day after her parents had her hospitalized because of her addiction, 
but then returned to Hayward, her boyfriend and drug supplier. Walker 
went to Hayward's house and fired 10 shots at him, hitting Hayward 
five times, including once in the back.

Walker told the jury he doesn't remember the shooting, but believes 
he acted in self-defence, firing on an unarmed Hayward when he raised his arm.

The jury's verdict sparked debates on radio talk shows and online 
Friday by those who say Walker was justified in shooting the man 
providing drugs to his then-teenage daughter.

Crown prosecutor Robin Ritter said he finds that talk troubling, 
noting everyone is entitled to the protection of the law.

"For people to say that Mr. Hayward, because he might have been a bad 
person in some way, is not entitled to the full protection of the law 
scares me," he said after court.

He called for an 11-year prison term, less the time Walker has 
already served, bringing it to about 7 1 UKP2 years. Because of the 
use of a firearm, the law mandates at least a four-year prison term.

Speaking to reporters, Jadah called the sentence sought by the Crown "a joke."

Defence lawyer Balfour Der, who had hoped the jury would acquit 
Walker, contended he has already served sufficient time given the 
facts of the crime. Previously convicted of second-degree murder 
before he won an appeal and a new trial, Walker has served about 3 1 
UKP2 years. Der says that time should be given double credit - as was 
the court's practice at that time - since he didn't earn remission 
toward parole, so it would be the equivalent of seven years.

"Mr. Walker has already served more time than he should," said Der. 
He told reporters his client is keeping a "stiff upper lip," trying to be

strong for his family. Lorrie Getty, Hayward's mother, admitted she 
has also learned to be strong while dealing so publicly with the 
death of her son.

In her victim impact statement, she spoke of the day someone decides 
your son doesn't get to live.

"My love for James is endless, and so is my grief," she said.

While Hayward was presented as a drug addict and pusher during the 
trial, she remembered him as a man who "cared so much about everyone."

Outside court, Getty was asked about comments suggesting Walker's 
actions were justified.

"It's easy for other people to say that because it wasn't their child 
that was killed. I know the truth."

Asked by Gunn if he had anything to say, Walker stood, turned toward 
Hayward's family in the front row and offered an apology.

"I'm deeply remorseful for what has happened and would give anything 
for James to be back with you," he said.

Hayward's mother said coming eight years after her son's death, it 
was difficult to believe the words were sincere.

Asked what she thought of the victim impact statements, Jadah 
replied, "I think they should have spent more working on (Hayward). 
He was a 15-year-old kid out on his own, in and out of youth 
detention centres. I was a kid when this all happened. They had nine 
years to help him. He grew into a malicious adult and look what happened."

But Hayward's brother Dan suggested Walker had options "other than 
loading a gun killing my brother."

In his victim impact statement, he said: "My brother was not a 
monster; he wasn't a saint either. He was a 24-year-old man with problems. .

. . He never got a chance to straighten his life out because Kim 
Walker stole that chance from him."
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MAP posted-by: Jay Bergstrom