“You Made The Choice”: He Ran Away From Police After Killing a 10-Year-Old Boy. Now, a Man Is Being Sentenced to 40 Years

Image Credit: Oldham County Jail.

Some court hearings are about legal outcomes. Others are about a family finally getting the chance to say, out loud, what they have carried since the worst day of their lives. The sentencing of Tymetrius Walter this week in Kentucky was both. Walter received 40 years in prison for a 2023 police chase that ended with the death of 10 year old Jake Luxemburger, and for the first time since the crash, Jake’s family stood in court and spoke about what that day took from them.

Walter, according to a Kentucky State Police press release, fled a trooper in a stolen vehicle after an attempted traffic stop on Interstate 71 on September 16, 2023. The pursuit ended in Campbellsburg when Walter struck an SUV carrying Jake and his grandmother, who was visiting from Florida for the boy’s upcoming birthday. Jake was nine days away from turning 11.

Walter pleaded guilty in June to vehicular homicide while under the influence, assault, wanton endangerment, fleeing or evading police, and receiving stolen property valued over 10,000 dollars. He was originally charged with murder, which was amended down as part of the plea agreement. On July 1, he was sentenced to four decades behind bars.

What made this hearing different from a typical sentencing was the victim impact testimony. Jake’s mother, Kathryn Luxemburger, and his grandmother, Teri Portnoy, both described the morning of the crash and its aftermath in detail that had not been shared publicly before. Their statements gave the case a weight that numbers on a court document simply cannot capture.

The Morning Before the Crash

little kid killed in car crash
Image Credit: Stoess Funeral Home.

Kathryn recalled that Jake had been excited that morning because he was going shopping for his birthday. Their last exchange before he left with his grandmother was a small, ordinary moment, the kind every parent has a hundred times over.

She reminded him he had too many sweatshirts. He yelled back that he loved her.

Neither knew it would be their final conversation.

A Grandmother’s Account of the Crash

Portnoy, who was also injured in the collision, said Jake had been opening a pack of football cards and joking with her in the moments before impact. She described waking up afterward in severe pain, disoriented, before realizing what had happened.

Her account of trying to get Jake to respond, and getting nothing back, was among the most difficult parts of the hearing.

Words for the Man Behind the Wheel

Kathryn addressed Walter directly, telling him he chose to run from police and put his own desire to avoid capture above everyone else on the road that day. She pointed out that Walter will eventually walk free and have the chance to rebuild his life, while Jake never will.

“You made the choice to run from the police. You made the choice to put your own desire to avoid being caught above every life around you,” the mom said. “When your sentence is complete, you will walk out of prison, you will have the opportunities to rebuild your life. Jake will never get that opportunity. His sentence is permanent and our sentence is permanent.”

Walter apologized in court, saying the day changed his life as well and that he takes responsibility for his actions.

A Sentence That Reflects the Severity

Kentucky’s charges of vehicular homicide while under the influence and first degree fleeing or evading police carry serious weight, and combined with the other counts, they added up to one of the longer sentences seen in a case like this in recent memory.

The 40-year term means Walter will be well into his 60s before any possibility of release.

Author: Olivia Richman

Olivia Richman has been a journalist for 10 years, specializing in esports, games, cars, and all things tech. When she isn’t writing nerdy stuff, Olivia is taking her cars to the track, eating pho, and playing the Pokemon TCG.

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