Pubdate: Thu, 18 Jan 2007 Source: StarPhoenix, The (CN SN) Copyright: 2007 The StarPhoenix Contact: http://www.canada.com/saskatoonstarphoenix/letters.html Website: http://www.canada.com/saskatoonstarphoenix/ Details: http://www.mapinc.org/media/400 Author: James Wood MANSLAUGHTER OR MURDER Judge Says Walker Guilty; Jury Must Pick Crime YORKTON -- The jury charged with deciding the fate of a Yorkton man charged with first-degree murder broke off deliberations after nine hours Wednesday without a verdict. Kim Walker, who could face life in prison for shooting and killing his daughter's drug dealer boyfriend, said his family was "blessed" whatever the jury's verdict because she is alive. But the grieving mother of James Hayward, who was 24 when he was shot to death by Walker nearly four years ago, said Walker had robbed her of her son. Earlier in the day, Justice Jennifer Pritchard directed the jury to find Walker guilty of at least manslaughter in the March 17, 2003, death of Hayward. In a prepared statement with his family -- including his daughter, Jadah -- by his side, Walker told reporters that he had received support from the Yorkton area and throughout the country as the trial attracted national attention. "Our daughter is alive," said Walker, a welder and father of three, who has no criminal record. "She's worth everything we've been through," added Walker's wife, Elizabeth. But Hayward's mother, Lorrie Getty, said because she had been told not to speak to the media, the public had not been well-informed about her son and a sensational picture had been painted through the seven-day Court of Queen's Bench trial. "He was a good person," she said in front of the courthouse. "Because no one told me that James was using morphine . . . I was never given the opportunity to save my son." Walker has admitted to causing the death of Hayward but has testified he did not intend to kill him. In her instructions to the jury, Pritchard told the panel that there was no evidence that Walker's shooting of Hayward was lawful. That means the eight-woman, four-man jury must decide whether Walker was guilty of manslaughter, where there was no intent to kill, or first-degree or second-degree murder, said the judge. "Manslaughter is the minimum offence in this case," Pritchard said. To convict Walker of murder, the jury must consider if Walker had the "state of mind" required for murder -- whether he meant to cause death or bodily harm likely to cause death, said the judge. A verdict of first-degree murder requires the jury finding beyond a reasonable doubt that Walker's killing of Hayward was planned and deliberate, said Pritchard. Defence lawyer Morris Bodnar told reporters he was not surprised by Pritchard's instructions not to acquit, given that she had earlier in the trial not allowed Walker to claim self-defence. "If the jury came back with manslaughter my client would be happy," he said. There is much at stake in how the jury decides on the three possible charges. Sentencing will be imposed by Pritchard. But first-degree murder carries a mandatory sentence of life imprisonment, with the first eligibility for parole in 25 years. Second-degree murder also carries mandatory life imprisonment but the judge can set eligibility for parole between 10 and 25 years. Sentencing for manslaughter is determined by the judge but manslaughter using a firearm requires a mandatory minimum sentence of four years imprisonment. The defence has contended that Walker was a concerned father trying to rescue his then 16-year-old daughter from a drug addiction that was threatening to kill her after she had left the family home and moved in with Hayward. After months of increasing concern over her behavior and health, Walker and his wife received an anonymous letter in March of 2003 saying that Jadah and Hayward were injecting morphine. On the advice of the RCMP, they sought and received from a provincial court judge a Mental Health Act warrant committing Jadah to Yorkton hospital's psychiatric ward for a weekend assessment of her drug problem. On the Monday Jadah was released, friends picked her up from her parents' home and reunited her with Hayward. The court has heard that Walker then went to Hayward's home with a Luger M80 semi-automatic pistol. After asking a resistant Jadah to come home, he shot Hayward in front of his daughter. Hayward, a one-time award-winning bodybuilder, bled to death from five gunshot wounds, including one in the back at close range. Walker had testified he does not remember the shooting beyond "flashes" such as Hayward coming toward him with a look of hatred on his face. Pritchard told the jury that they should consider Walker's condition and conduct as they mulled over whether it was murder. She noted that in the testimony of four witnesses who were in the house at the time of the shooting, no one said that Walker brandished the gun as leverage to get Jadah out. Rather, they were consistent in their testimony that Walker, who testified he does not remember the shooting, pulled his gun and fired his pistol rapidly, she said. That may lead the jury to conclude that Walker "meant to solve his problem" and kill Hayward, said Pritchard, or the jury could see it differently. The court has heard that Hayward sold marijuana and was a user of morphine. He had four drug-related convictions and had served seven months in jail for trafficking. Pritchard said the criminal record may be relevant to the case but cautioned the jury in considering that evidence. "It is improper for you to use this evidence to conclude James Hayward's bad character in any way justifies or excuses his death," she said. Pritchard also spoke of one witness's contention that Walker had said four days before the shooting that if he didn't have a family he would "love to blow James' head off." She also pointed out that Walker has denied he made that statement. The jury deliberated for nearly six hours before taking a supper break just before 6 p.m. The jury returned at 7:30 p.m. and continued until 9 p.m. The panel asked one question during that period about what was meant by a "state of mind" required for murder and whether it meant he did not know what he was doing. Pritchard told the jury that if Walker did not know what he was doing there was not the intent to murder. But she said not knowing what one is doing and not remembering what one did are entirely different matters. The jury will resume deliberations at 9 a.m. today. Jadah Walker has sat with her family in the final days of the trial when it became clear she would not be called as a Crown or defence witness. Bodnar told reporters that Jadah quit using drugs a year after the shooting and has a good relationship with her father. - --- MAP posted-by: Beth Wehrman