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."