The past week saw testimony begin in the second trial of Kim Walker. The Yorkton man is accused of second-degree murder in the death of James Hayward in 2003. Among the witnesses to testify was Jadah Walker, Kim's daughter, who was dating and living with Hayward at the time.
Jadah testified that she arrived at Hayward's home on March 17, 2003 at about noon. That afternoon, she stated that she saw the accused arrive at the house she, Hayward, and several other people were living in at the time. He knocked on the door, and when Jadah answered he asked her to come home. At that time, Jadah testified that Kim tried to bring her back home, "pleading" with her to leave Hayward's house.
She also said that after the accused came to the door, Hayward approached in an "aggressive" manner, shouting "get the -- out of my house." It was at this point she said Kim Walker fired, shooting "very rapidly" into the house. The shots occurred in "no more than 20 seconds."
After the shots, Jadah testified that she went to Hayward's body, which was "unresponsive." She then searched for a phone to call police. She stated Kim Walker put the gun on a weight bench, collected the spent cartridges, and drew a cross on Hayward's forehead using his blood.
Jadah testified that she had no memory of the accused talking to Hayward immediately before the shooting. She stated that in a phone call to Hayward before the shooting, Kim told Hayward to leave his family alone.
Jadah also testified to the nature of her relationship with Hayward. She stated that they began dating when she was 15, and she was attracted to him because she thought he was handsome and she liked his lifestyle. She said that Hayward dealt drugs to support himself.
During her time with Hayward, Jadah testified that both did large amounts of drugs, including marijuana, cocaine, crack cocaine, and morphine. She stated that they would use drugs 8-10 times a day, and that her weight had gone down to 95 lbs. after living with Hayward for six months. She also stated that Hayward had injected her with morphine while she was sleeping.
She says Hayward was aggressive, and getting into fights "wasn't out of the ordinary, wasn't for a good reason." Jadah said that before the incident Hayward related that "for $3,000, you could make someone disappear."
In the days before, Jadah testified that her parents had her placed in the Pine Unit at the Yorkton Regional Health Centre on a warrant from her parents. She said she was confused at the time, as she didn't believe she had mental issues.
During this time, she was presented with a letter from Hayward, which included statements such as "They -- you over and told lies to get you in there," and "I will never forgive them." She had gotten out of the hospital on the day of the incident.
Hayward's step-sister Kendra Getty says "Even if everything she says is true, and we don't believe it is, he didn't deserve to die."
The defense's case opened with testimony from Kim Walker himself. According to his testimony, the Walkers saw their daughter change dramatically in the year before the incident. He said that she stopped listening to house rules, talked back, and was abusive. This change culminated in a fight on her 16th birthday, which got severe enough to prompt Kim to call mental health services. He stated that he accidentally called the RCMP instead, and on hearing the fight the police sent a unit to the door. Jadah left the Walker residence to live with friends that night, in spite of the objections of her parents.
"She was my daughter, I wanted her to stay at home, we loved her very much," Walker testified.
After Christmas of 2002, Kim testified that he observed dramatic weight loss in Jadah. and that she was listless, unfocused and unable to carry on a conversation. He said the family contacted the school councillor, a drug rehab centre in Saskatoon, and the RCMP to try to get help for Jadah. He also testified that he frequently attempted to bring her home, and believed drugs were the cause of her weight loss and behavioral change.
"I feared for my daughter's life," he stated.
Kim learned of Hayward in 2002 when the Walkers' oldest son told him that he was the "top drug dealer in Yorkton," Kim testified. He said that he learned Hayward was strong, a weight lifter, and prone to violence. He stated that he was not in favor of the relationship between Jadah and Hayward due to that violent nature.
When Kim first met Hayward, he said he asked to see Jadah's arms, and that at that point Hayward kicked him out of the house.
The week before the incident, Kim stated an anonymous letter was received, stating that Jadah was being injected with morphine and that she would die in the house. Kim testified that they took the letter to the RCMP. The Walkers obtained a mental health warrant to get Jadah placed in the Pine Unit.
After this event, Kim says Hayward phoned his residence and made threats, saying "you're ----, you're dead" and that Kim would never see Jadah again.
"I believed he was going to kill me and my daughter," Kim stated.
On the day of the event, Kim testified that after Jadah returned home she began speaking on the phone, to someone who he believed was Hayward. He said that when he picked up the extension, more threats were made.
When it comes to the incident itself, Walker testified that he only had brief flashes of memory of the event, including driving to the residence, and having an RCMP member point his gun at him.
Under cross examination, Kim had difficulty remembering details, including what the argument that caused Jadah to leave was about, and the date of her birthday. He conceded that while he had no memory of the event, he does not dispute that he caused the death of Hayward.
Cross examination was focused on Kim's memory loss, as Crown Prosecutor Robin Ritter asked about Kim's motivation for going to Hayward's house, why he didn't leave when Hayward demanded he did, and why he was carrying a loaded weapon. Kim's response to these questions was "I don't remember." Ritter suggested that the memory loss was "convenient."
Kim's defense attorney Balfour Der says that Kim did as well as can be expected for a man in his position.
"He's a man who is under a lot of pressure, he's a man who is not experienced in the courtroom and he's not a well spoken man. I think the evidence he was trying to convey got across to the jury," Der says.
When it comes to the memory loss, Der expects that it shows he is truthful.
"One of the important things is that it has a ring of truth that the man says 'I don't remember things.' It would be very easy for him to come up with a version that dovetailed with all these witnesses, which would have been helpful to the defense," Der says.
