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Dad killed drug pusher to save addict daughter (Updated 4/12/07)

erosion

erosion

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Dad killed drug pusher to save addict daughter, defence argues
James Wood, CanWest News Service
January 17, 2007

YORKTON, Sask. - Kim Walker rescued his daughter from a drug addict's death on the day nearly four years ago when he shot to death her boyfriend, drug dealer James Hayward, defence attorney Morris Bodnar said as lawyers presented their final arguments to the jury Tuesday in Walker's first-degree murder trial.

Bodnar argued that Walker, who testified Monday he does not remember the shooting, never intended to kill Hayward.

While he took a pistol for protection, the only reason Walker went to Hayward's house on March 17, 2003 was to get back his daughter, whose health had deteriorated significantly because of morphine addiction, said Bodnar.

''He did it. He saved her. If he had not gone to 64 Agricultural Ave . . . if she had died, what would you have said? 'Where were the parents?'''

Bodnar said he wasn't calling for an ''open season on drug dealers'' but convicting his client of murder would send the wrong message.

Hayward was ''killing people'' by selling drugs, he said.

''He was that close to killing that girl in the front row,'' he said, referring to the now 20-year-old Jadah Walker, who sat with family members.

But Crown prosecutor Daryl Bode said that while the jury may not like Hayward or what he did, there is no such thing as ''a second-class murder victim.''

''He was somebody's son,'' said Bode.

''The moment we devalue life, the moment we create second-class murder victims . . . that's the moment we betray ourselves. We start down a slippery slope to becoming a society we don't want to be.''

Bode said that all of Walker's actions - saying four days before the shooting, according to one witness, that he would love to ''blow James' head off,'' taking a pistol and extra ammunition to the house, and firing 10 shots, including when Hayward was already down - show that he planned to kill Hayward.

That makes it first-degree murder, he said.

Bodnar said the jury could reach a verdict of manslaughter - that Walker caused Hayward's death but did not intend to kill him.

The judge expected to charge the jury today.

http://www.canada.com/topics/news/n...=b078d80f-1273-4771-9595-039b04d6d9ba&k=44211
 
Killing people is bad, mmmKay.

"Bode said that all of Walker's actions - saying four days before the shooting, according to one witness, that he would love to ''blow James' head off,'' taking a pistol and extra ammunition to the house, and firing 10 shots, including when Hayward was already down - show that he planned to kill Hayward."

Sounds like fairly clear intent. Especially shooting him when he was down.

If he doesn't get premeditated murder, then its a very slippery slope indeed.
 
While he took a pistol for protection, the only reason Walker went to Hayward's house on March 17, 2003 was to get back his daughter, whose health had deteriorated significantly because of morphine addiction, said Bodnar.
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i don't buy it. sounds like someone found an imaginative defense attorney. but that'll be for a jury to decide.
 
i really hope the jury convicts him of murder, mwhich from the information in the article, sounds like they definately should.
 
''He did it. He saved her. If he had not gone to 64 Agricultural Ave . . . if she had died, what would you have said? 'Where were the parents?'''

Bodnar said he wasn't calling for an ''open season on drug dealers'' but convicting his client of murder would send the wrong message.
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what the hell?

it's possible (statistically, less than 0.01% chance, but POSSIBLE nonetheless) that my daughter will overdose on morphine. so im gonna go KILL HER DEALER/BOYFRIEND
 
He'll get first degree murder probably, just because someone murders someone over drugs, it doesn't mean they didn't commit murder. I mean, if he really wanted to deal with the situation, all he had to do was call the cops.
 
His intention wasn't murder, it was saving his daughter, his actions were murder...and then some (firing 10 shots).

It wasn't the right thing to do, but he seemed desperate. Should have been more patient, and thought things out differently.
 
I am going to shoot the owner of my local liquor store now, before my alcoholic mom can buy anymore booze.

It will be self defense I am sure.

After all he is killing people with his harmful drugs, my mother's health is deteriorating fast, if I don't kill him she will die.

The 15 year old McDonald's cashier is next.

Fucking death pushers!
 
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Astavats said:
His intention wasn't murder, it was saving his daughter, his actions were murder...and then some (firing 10 shots).

It wasn't the right thing to do, but he seemed desperate. Should have been more patient, and thought things out differently.
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how was his intention not murder? if intend to murder you because you're selling my family member baddies, whether i am trying to protect my family or not, i'm still intending to murder you
 
^I was trying to be clever =)

But seriously, his initial intention seemed to be saving his daughter, then his intentions became more extreme, murder. Just trying to look at it in a different way.
 
hmm.. murderer vs drug dealer.. who's got the moral high ground? well at least the guy is going to jail one way or another:

Acquittal not an option for Sask. father who shot daughter's boyfriend: judge

17, 2007 - 3:20 pm

By: TIM COOK

YORKTON, Sask. (CP) - Acquittal is not an option in the case of a father who shot his drug-addicted teenage daughter's dealer boyfriend, a judge told a jury Wednesday.

Before the eight women and four men filed out to begin their deliberations, Justice Jennifer Pritchard told them they must decide only if Kim Walker is guilty of first-or second-degree murder, or manslaughter.

There was no evidence that showed the killing of 24-year-old James Hayward was lawful, Pritchard said.

"Manslaughter is the minimum offence that has been committed in this case," the judge said.

Pritchard explained that the jury must decide if Walker, 50, had the "state of mind for murder." If he did, then they must decide whether the murder was planned and deliberate - the difference between first and second degree.

After about three hours, the jury came back asking the judge what "the state of mind required for murder" means.

Pritchard said jurors should use their common sense to determine if Walker meant to kill Hayward, and she sent them back to continue deliberating.

Over the last week and a half, the jury heard how Walker's daughter, Jadah, then 16, was living with Hayward in the months before the attack and the two were using morphine.

In the week before the shooting, Walker and his wife received a letter from one of Jadah's friends warning them of the addiction.

After going to police, they managed to get a warrant committing Jadah to a hospital for 72 hours.

When she was released, her parents took her home, but she was soon picked up by friends and taken to Hayward's.

That's when Walker went over and gunned down Hayward in a front room of the house.

"It is for you to say whether the murder of James Hayward was both planned and deliberate," Pritchard told the jury. "Could any plan made in such circumstances be considered deliberate?"

The defence had argued that the slaying was a father's desperate attempt to save his daughter from a debilitating addiction.

In his closing argument, lawyer Morris Bodnar asked the jury to send the message that "we are mad as hell and we did something about people killing our children."

Speaking with reporters outside court Wednesday, Bodnar reaffirmed that position.

"In the end, yes, it was a father saving his daughter - a very concerned parent who saw his daughter going downhill and what we think was on the verge of dying," he said.

"If the jury came back with manslaughter, my client would be happy."

The Crown countered by arguing that the killing was the calculating act of a parent who wanted his daughter's boyfriend dead and Hayward did not deserve second-class justice because of his drug problems.

Crown lawyer Daryl Bode called the attack a "deliberate, intentional" choice that Walker made.

On the stand, Walker testified he could remember only snippets from around the time of the shooting.

But Bode reminded the jury how Walker must have gone to his basement, got his gun, loaded it with 10 bullets and brought 20 more with him. He told jurors that Walker drove to Hayward's house, parked his truck neatly on the side of the street, went into the house to grab Jadah and, when she wouldn't leave, unloaded his gun in Hayward's direction.

Hayward ended up being hit five times and bled to death on the floor.

Bode also pointed to testimony given by one of Jadah's friends, who said she had heard Walker say in the days before the shooting that if he didn't have a family, he would like to "blow (Hayward's) head off." Walker has denied saying that.

Prior to his closing argument, Bodnar had asked that the jury be instructed on the issue of whether the shooting was self-defence.

In the days leading up to the shooting, with Jadah in hospital, Walker testified that he received threatening phone calls from Hayward. Walker also said he remembered Hayward coming at him with anger in his eyes when he fired.

But witnesses testified that they only saw Hayward point Walker to the door and Walker didn't have any physical injuries after the shooting.

Consequently, Pritchard ruled out instructing the jury on the issue of self-defence.

http://www.news1130.com/news/national/article.jsp?content=n011755A
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so instead of controlling your daughter, you just kill her drug dealer, as if that's going to end her addiction to morphine 8) thank god this guy is going to jail
 
more death wont really solve anything...

I hope he has an epiphany and becomes a volunteer worker for those suffering from drug-related problems
 
AcidRain said:
more death wont really solve anything...

I hope he has an epiphany and becomes a volunteer worker for those suffering from drug-related problems
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i would be highly amused if he got hooked on smack in the slammer. =D
 
Some parents are very protective. I guess this was one parent who was a little over protective and a little over-the-edge.

Im not saying what he did was right, but by being a drug-dealer you gotta be aware of these types of things, angry family members, boyfriends/girlfriends, police...

The dealer wanted to push, so he took one of the consequences with it.
 
Can't blame the man for trying.

Kill someone, blame it on the fact that they're an evil drug dealer in order to justify such an atrocity.

Society fails to amaze me anymore.
 
It's definitely deliberate, in no way self defence. That's a no brainer. The guy was shot Five times! But it's hard to speculate if it was premeditated or if he set out to kill the guy on the spur of the moment.
"Killing people by selling drugs"? His daughter had a choice, and she made hers. He had a choice, and he made his.
 
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