YORKTON, Sask. – A Saskatchewan father who said he shot his daughter’s boyfriend to save her from drugs is going back to jail, bringing an apparent end to a long-running and emotional legal battle for two families.
Kim Walker, 54, was sentenced Wednesday to eight years in prison after a jury found him guilty of manslaughter in the 2003 death of James Hayward. Justice Ellen Gunn deducted six and a half years for the more than three years Walker has already spent in jail. He’ll serve another 18 months, though his lawyer said that could be reduced through parole.
Both the Walker and Hayward families seemed relieved with the sentence.
"As long as he’s back in jail, I’m OK," said Hayward’s mother, Lorrie Getty.
Walker sat in the prisoner’s box and showed no emotion as the sentence was read. His daughter, Jadah, expressed relief outside the courthouse.
"Personally I think that’s a huge victory for my family," she said.
"I’m a little bit unsatisfied that he has to go back in, but given that she’s crediting him for six and a half years is phenomenal. And you know, 18 months, we can work with 18 months."
Jadah Walker was 16 when she moved into Hayward’s home in Yorkton. He was 24.
During the two-week trial in May, court heard that Walker feared for his daughter’s life as well as for his own.
Walker testified that Jadah was doing drugs after moving in with Hayward. Walker said he had tried to get police and school counsellors to help, but no one did.
At one point, Walker petitioned to have his daughter held for 72 hours in a psychiatric ward. By then her weight had dropped to about 95 pounds from 135. She went back to Hayward’s house shortly after she was released – the day of the shooting.
Walker testified that Hayward had threatened him several times after Jadah was taken to the psychiatric ward.
Jadah Walker testified that Hayward was a "bad influence" on her life, that he sold drugs and injected her with morphine. She also testified that Hayward had threatened her parents.
She said her father came to Hayward’s house on the day of the shooting and pleaded with her to come home. She said Hayward came forward and yelled at her dad to get out of the house. That’s when her dad grabbed his gun and started firing, she said.
Walker admitted he shot the unarmed man. But Walker also said he didn’t remember much about what happened the day of the shooting, "just being afraid for my life."
Court heard that Walker shot Hayward five times. After the shooting, Jadah Walker said her father leaned down and drew a bloody cross on the dying man’s forehead.
Defence lawyer Balfour Der argued that Walker acted in self-defence.
"I think the sentence is too high for this man in these circumstances. He should have got the minimum as far as I’m concerned," he said.
"We treat him as if this is all his fault and really it’s not. It’s a case of trying to apportion some of the blame here. He in essence is forced into this situation because nobody helps him."
Der said Walker has 30 days to decide if he wants to appeal.
"I don’t know that he has the strength to do that. This has been eight years for this man and his family. It’s been eight long years for them. It’s taken an awful lot out of him and his family."
Der said Walker will go into a provincial jail and will be entitled to parole considerations, so he could be out sooner.
Gunn noted in her sentence that Walker does not have a criminal record.
"He is a contributing member of society. He has expressed remorse to the Hayward family. I find that to be a sincere expression of his position," Gunn said.
"Given the particular circumstances in which this crime was committed, it is unlikely that Mr. Walker requires any further deterrence from committing offences, or that it is necessary to separate him from society by virtue of his personal characteristics. Nor is it likely that he requires additional rehabilitation."
The Crown had wanted Walker to be sentenced to 11 years. Crown prosecutor Robin Ritter said the eight year sentence is within the normal range for manslaughter convictions.
"Of course nothing that happened here throughout the course of this whole trial will ever bring anything back for Mr. Hayward’s mother. I mean he’s gone," said Ritter.
This was Walker’s second trial – he was found guilty of second-degree murder at a previous trial and jailed. The Saskatchewan Court of Appeal ordered a new trial after it learned that the judge and lawyers at his first trial had meetings without Walker present.
Jadah Walker suggested her father will not appeal his sentence.
"We’re so done with this," she said. "After eight years of struggling and fighting and growing as a family and growing as individual persons, we’re very over this situation. We’re ready to move on."
Getty, who sat through the trial often clutching a small photo of her son, said she’s glad it’s over too.
"In my heart I know that some day … he will get the punishment he really deserves and James will get the justice that he really deserves."
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