THE CANADIAN PRESS -- YORKTON, Sask. - A Saskatchewan man who argued he shot his daughter's boyfriend to save her from a life of drugs has been sentenced to another year and a half in jail.
Kim Walker, 54, was found guilty of manslaughter in May for the 2003 death of James Hayward. The 24-year-old was living with Walker's then 16-year-old daughter, Jadah, in Yorkton.
Court heard how Walker went to Hayward's home with a loaded handgun and opened fire, hitting Hayward five times.
On Wednesday, Justice Ellen Gunn sentenced Walker to eight years, but deducted six and a half for the time he has already spent in jail.
"The accused has no previous 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," she said Wednesday.
"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.
Walker showed no emotion as the sentence was read.
The Crown had wanted Walker to be sentenced to 11 years, but the defence argued that the time Walker already served after the first trial is enough.
Outside court, Walker's relatives said they hoped he will be released on parole well before the end of the 18-month term.
Hayward's relatives said they could live with the sentence.
This was Walker's second trial -- he was found guilty of second-degree murder and jailed before 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.
During the two-week trial, Walker testified that he feared for his daughter's life as well as for his own and was worried about Jadah because she was doing drugs after moving in with Hayward.
Walker said he went to police and school counsellors but nobody helped. He 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. That was the day of the shooting.
Walker testified that Hayward had threatened him several times after Jadah was taken to the psychiatric ward.
Crown prosecutor Robin Ritter argued that Walker went to Hayward's home with a loaded handgun and two loaded clips in reserve. Ritter told the jury that Walker took "very deliberate steps" before he opened fire on Hayward, hitting him five times and killing him.