A Kentucky man who fled a state trooper in a stolen car and crashed into another vehicle, killing a child, has been sentenced to four decades behind bars.
Tymetrius Walter, 26, accepted a plea agreement earlier, and had pleaded guilty to vehicular homicide while under the influence. As a result of that plea, the original charge of murder which he was supposed to face was amended down to the vehicular homicide count.
He also entered guilty pleas to assault, receiving stolen property valued at $10,000 or more, wanton endangerment and fleeing or evading police.
The charges all stem from a high-speed chase that ended with the death of 10-year-old Jake Luxemburger and serious injuries to his grandmother, Teri Portnoy.
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| Jake Luxemburger |
On September 16, 2023, at about 3:30 p.m., a Kentucky State Police trooper tried to pull Walter over on southbound Interstate 71, according to online reports.
Walter did not stop, and investigators later determined that the vehicle he was driving had been reported stolen. He continued fleeing at a high speed until he exited the interstate and struck a GMC SUV that was carrying Jake and his grandmother.
Jake was a fifth-grader who loved baseball and was just days short of his 11th birthday, and his grandmother Portnoy had traveled from Florida specifically to celebrate that birthday with him.
During the sentencing hearing, Portnoy attended remotely by Zoom, but her written statement was read aloud, where she described the moment of the crash and the seconds afterward.
“When the car finally stopped, Jake’s hand fell in front of my face. I could see his little fingernails turning blue. I reached up, touched his hand and said, ‘Hey Jake, talk to Mimi.’ Nothing. Again, I said, ‘Jake, talk to me.’ Nothing,” the statement said, as per Wave3 News.
Portnoy also wrote that she would trade places with her grandson “in a heartbeat” and that the crash has permanently altered their family’s relationships and traditions.
Kate Luxemburger, Jake’s mother, spoke about their final exchange before the shopping trip, when she told him not to buy any more sweatshirts. “He yelled back, ‘Love you, Mom!’ I answered, ‘I love you too, buddy,’” she said in court.
She also said she kept believing he would be fine after the tragedy, even as she watched paramedics perform CPR at the scene,until a trooper approached her husband and say ‘I’m sorry for your loss.’
She said her son’s bedroom door remains shut and his backpack is still where he left it after school that Friday.
Jake’s sister, Rylee, who was 14 at the time of the crash and is now nearing 18, spoke about the weight of losing her brother.
“The hardest part is knowing that none of this had to happen. Jake didn’t make a bad decision,” she said. “He wasn’t doing anything wrong. He was just in the one wrong place at the wrong time. His life was stolen because someone else decided that running from the police was way more important than the innocent people whose lives were in the way.”
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| Tymetrius Walter |
Oldham County Commonwealth’s Attorney Courtney Baxter addressed the court as well, and she became emotional as she explained the limits of the legal system in a case like this. “Justice would be that Jake would still be here with his family. Justice would be that Ms. Portnoy isn’t living with those injuries and has survivor’s guilt that she will carry forever,” Baxter said.
“The only thing our justice system can provide is accountability for the actions that he took that day,” she added.
Walter read a written apology in court while standing in handcuffs. “I apologize for my wrong actions that led to this. I never thought this would happen when I woke up that day,” he said.
“I know my words never replaced the hurt, the trauma, the pain, and the afflicted. But I do, if not feel everything, feel some portion of what you feel. I ask for your forgiveness, Your Honor. I ask the Luxemburger family for forgiveness.” He told the judge he intended to learn from his actions and become a better person.
The judge noted at sentencing that the events of that day reflected what appeared to be Walter’s “practice and habit,” because September 16, 2023, was not the first time he had driven a stolen vehicle and fled from police.
The case also raised questions about the conduct of former KSP Trooper Zachary Napier, the officer who initiated the traffic stop.
Napier and a dispatcher, Jonathan Johnson, had agreed beforehand that Napier would conduct a minor traffic stop so he could avoid taking another call about a missing child and make it to a wedding on time.
Baxter told the court that KSP never provided a recording of that conversation as part of the evidence in the case. However, Napier’s actions leading up to the pursuit remain under investigation, as per Wave3 News.
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