Jury still out in Yorkton, Sask., murder trial

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The jury in Kim Walker's murder trial continued its deliberations in Yorkton, Sask., for a second day, but did not reach a verdict.

The jury will be back for a third day on Thursday.

Walker, 54, is charged with second-degree murder in the shooting death of his daughter's boyfriend James Hayward eight years ago.

Jurors spent five hours in the jury room on Tuesday and went back to work at 9 a.m. CST Wednesday.

In her five-hour charge to the jury on Tuesday, Queen's Bench Justice Ellen Gunn said the seven men and five women weighing Walker's fate had three choices: They can find Walker guilty of second-degree murder, guilty of manslaughter or not guilty of any offence.

She instructed jurors not to make their decisions based on sympathy, fear or public opinion.

A second-degree murder conviction comes with an automatic life sentence, with no eligibility for parole for 10 years. With manslaughter, the sentences vary but generally result in less prison time.

During the trial that began May 9, the court heard that Walker's daughter Jadah, 16 years old at the time, had moved in with Hayward, 24, and become addicted to morphine and other drugs.

Walker went to Hayward's house in Yorkton, a city of about 15,000 people in southeast Saskatchewan, on March 17, 2003. He was armed with a pistol, and several eye witnesses, including Jadah, identified him as the shooter.

Walker testified he experienced memory loss and can't remember the actual shooting, but he recalled seeing Hayward coming at him with his fist raised just before it happened.
10 bullets fired

Ten bullets were fired, five of them striking Hayward, killing him almost instantly, court heard.

The Crown said it's murder because Walker acted deliberately against the unarmed Hayward.

The defence said it was self defence, arguing Walker feared for his life and the lives of his family members.

Jadah, now 24, was at the courthouse in support of her father, who she hopes will be acquitted.

"Coming to the courthouse every day takes every ounce of strength you could possibly come up with," she said. "I'm just looking forward to a positive verdict."

It's the second trial for Walker. He was convicted of second-degree murder in 2007, but the conviction was thrown out on appeal and a new trial was ordered.

The appeal court said a "fatal error" had been made in the first trial when certain discussions were held between lawyers and the judge without Walker being present.

As of noon Wednesday, the jury had been deliberating for more than five hours. No questions have been posed to the judge.
 
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