Kim Walker has been sentenced to eight years for manslaughter for the shooting death of James Hayward on March 17, 2003.
In 2007 Walker was convicted of second degree murder in the case, but a successful 2010 appeal led to this retrial, and conviction on the lesser charge earlier this year.
Last Wednesday Justice Ellen Gunn passed sentence on Walker.
The Judge spent considerable time going over the law and precedent in terms of how time served could impact a sentence. She noted on his previous conviction he served 3.5 years, less four days, and had spent time on remand prior to the first trial, and again awaiting Wednesday's sentencing.
While laws have since changed, the Judge said because this case dates back to 2003, the impact of time served was still an issue of some discretion by the court.
In the end Justice Gunn chose to value days served on the first conviction at 1.75 -to-one, and days in remand at two-for-one, which she said "equalled a sentence of six-and-a-half years."
In passing a sentence of eight years Walker is facing up to 18 additional months in custody.
The Judge said in terms of a sentence community safety, or time for rehabilitation were not factors.
Justice Gunn said the Crown was seeking 11 years, at the top of the general range of manslaughter sentences in Saskatchewan, noting Hayward was "shot five times at close range, including one shot in the back, and in his own home."
The Crown also suggested sentence also needed to reflect a level of deterrent, said Gunn
"A message needs to be sent that no one is entitled to take the law into their own hands," she said.
The Judge also pointed out that the Crown had issues with the fact Walker "had not apologized to the Hayward family in eight years prior to this trial."
However, the Judge said she would "not penalize him for the timing of his apology," adding that may have been the result of counsel.
The defence painted a different picture for the Judge to consider. She noted they pointed out "Mr. Walker has no previous criminal record" and was " a contributing member of society.
The defence has also suggested the incident was "not planned," but was a spontaneous" event.
It was also pointed out Walker has "offered to plead guilty to manslaughter twice prior to this trial."
The sentence was not long enough to satisfy Hayward's mother Lorrie Getty.
"In my heart I know someday he will get the punishment he really deserves and James will get the justice he deserves," Getty told a crowd of media on the steps of the Court House in Yorkton following sentencing.
Getty did add there was some satisfaction Walker is at least headed back to a cell.
"As long as he's back in jail I'm OK," she said.
Jada Walker, Kim Walker's daughter and a central figure in the case had a different view of the Judge's decision to send her father back to a cell. She said it was "sad he has to go back in," but also noted "we can work with 18 months
"We're really happy. We're sitting in a good place right now We've grown as a family."
Jada Walker said ultimately her father's action gave her a chance.
"He (her father) definitely saved my life," said Jada Walker. " James was an adult pumping needles into my arm."
Jada Walker placed part of the blame for her father killing Hayward at the feet of police who she said are not addressing a critical problem in Yorkton.
"The drug problem is huge in this community and where were the police?" she asked, adding in her case she had gone from " an average teenager to a complete junkie."
Jada Walker added that since her father killed Hayward she has been drug free. "That's absolutely correct," she said when questioned on it by media.
Defence lawyer Balfour Der was also quick to point to the police as being part of the reason Walker ended up killing Hayward.
"The system failed Walker," said Der.
"Why did not somebody go and arrest this man?" he asked, noting Walker had gone to the police with "an eye witness that this man was trafficking." He contended had RCMP "done their job" and arrested Hayward, Walker would not have been put in the position where he shot the young man.
"Nothing would have happened."
As it was Walker's daughter (Jada) was released from rehab and was soon back with Hayward.
"She wouldn't have been in this drug den an hour, an hour-and-a-half after getting out," said Der.
Der said the police simply failed in their duty.
"I can't think of a more negligent action on the part of the police," he said, again citing that an eye witness had seen Hayward "injecting morphine into a 16-year-old girl's arm."
Given the circumstances Der said the sentence handed down was too severe in his view.
Der said he was "not pleased." He said "this sentence is too high for this man in this circumstance."
The sentence makes it seem the situation was all Walker's doing, and Der said in his mind that was not the case.
"He was fighting to save his daughter from a drug dealer," he said, then asking what would you expect a father to do other than to go a get her out of the situation.
"It was certainly wrong for him to take a gun there. It's certainly wrong a young man is dead," offered Der, but reiterated the system left Walker alone to save his daughter. With no help from the police Der said Walker was left "to struggle through doing it all on his own."
The Crown was not completely satisfied by the sentence either.
Prosecutor Robin Ritter noted Judge Gunn "did give him a lot of credit for time he (Walker) spent in custody," but added the sentence "is within the range," for such cases.
Ritter noted it was the Crown's contention "it was an intentional killing," but the jury saw it otherwise.
When asked if there was a lesson to be learned from the case Ritter replied, "have some respect for people in your community. Have some respect for the law."
In reviewing the case in her sentencing statement Justice Gunn said Walker's life previous to killing the 24-year-old Hayward was taken into some account.
Gunn noted Walker was described by a co-worker "as a family man." She added Walker was a married man with three children, and he had been employed and a contributing member of society.
The legal process has consumed the Walker family resources, stated Gunn.
By contrast Gunn described Hayward as someone who had made "unfortunate lifestyle choices," which included "the use and sale of drugs in Yorkton."
Gunn said Jada Walker, Kim Walker's daughter, had "become embroiled in this lifestyle and became romantically involved with James," adding " He (Hayward) appeared to have genuine feelings for Jada at the time."
Gunn said while Jada had changed her life course away from drugs, "that opportunity has been lost for James Hayward."
While Hayward had made bad choices, Gunn noted his death still left a void in the lives of his family.
Brother Dan Hayward "says a part of his life will always be empty," related Gunn. The Judge also noted Dan had stated "James 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."
Hayward's mother had stated "no heart deserves this pain," said Gunn.
Asked by media if there would be an appeal Der said they have 30-days to make the decision, but hinted it was unlikely.
"I don't know if he has the strength for it," said Der, adding as it is Walker could be day-paroled after serving one-sixth of the 18-month sentence, and eligible for parole after one-third.
Der suggested early parole seemed likely.
"Certainly he's not the typical offender they want to hold in these jails He's not a threat to the public."
It also appeared Hayward's family would not be pressuring the Crown to appeal either.
Getty said she had "promised family no matter what happened I'd get on with life."
