Man who killed daughter's boyfriend appealing conviction
Last Updated: Friday, February 2, 2007 | 6:01 PM ET
CBC News
A Yorkton, Sask., man convicted of murdering his daughter's boyfriend in has launched an appeal.
The lawyer for Kim Joseph Walker filed a notice of appeal with the Saskatchewan court of appeal on Friday.
On Jan. 19, a jury convicted Walker, 50, of second-degree murder in connection with the 2003 shooting death of James Hayward.
He was sentenced to life in prison with no eligibility for parole for 10 years. Saskatchewan Queen's Bench Justice Jennifer Pritchard allowed the minimum parole eligibility period after receiving a recommendation from the jury.
But in the notice of appeal filed at a Regina courthouse, defence lawyer Morris Bodnar said the judge made a number of errors, including failing to allow the jury to consider self-defence and failing to tell the jury that not guilty of any charge was also an option.
Following a highly publicized trial in Yorkton last month, Pritchard instructed jurors that at the very least, they would have to convict Walker of manslaughter, although a first-degree or second-degree murder conviction were also options.
At the time of Hayward's death, Walker's then 16-year-old daughter Jadah was addicted to morphine and staying with the 24-year-old, the trial heard.
Court heard Walker was worried his daughter's addiction was killing her and, according to a witness, he blamed Hayward.
On March 17, 2003, he went to Hayward's house, there was a confrontation and Walker shot Hayward five times.
The Crown argued Walker intended to kill Hayward, but the defence said he only wanted to rescue his daughter from a drug addiction that was killing her.
No date has yet been set for the Saskatchewan Court of Appeal to consider the appeal.
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