A Kentucky man has been sentenced to 40 years in prison for fatally striking a 10-year-old boy during a police chase. Tymetrius Walter, 26, was fleeing from police in 2023 when he crashed into an SUV, killing Jake Luxemberg and injuring his grandmother, Teri Portnoy, who was driving the vehicle.
A Kentucky State Police trooper attempted to stop Walter for a traffic violation, but he refused to pull over and fled at a high speed. Officers learned during the pursuit that Walter's vehicle had been reported stolen. As he exited Interstate 71, Walter's car collided with Portnoy's white GMC SUV on Kentucky Highway 329.
Walter pleaded guilty in June to vehicular homicide, assault, possessing stolen property, and fleeing from the police. He was initially charged with murder but the charge was reduced to vehicular homicide as part of a plea agreement.
Jake was nine days away from his 11th birthday when he died. His mother, Kathryn Luxemburger, shared during Walter's sentencing that her son was excited about going shopping for his birthday presents on the day of the incident. She recalled their last conversation, a brief exchange of "I love you" as he left to go shopping with his grandmother.
Portnoy, who was visiting from Florida for Jake's birthday, recounted the moments before the crash. She described Jake opening football cards and telling jokes. "The next thing I remember is waking up, lying on my left side in excruciating pain, not knowing what had happened," Portnoy stated. She described the shattering glass and the car coming to a stop, after which she saw Jake's hand fall in front of her face, noting his fingernails were turning blue.
During the sentencing, Jake's family addressed Walter directly. "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," Kathryn Luxemburger said. She contrasted Walter's future opportunities after serving his sentence with Jake's permanent loss. "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," she added.
Walter offered an apology to the family, stating that the day of the crash "changed his life as well." He acknowledged his actions and expressed that his words could not replace the hurt and trauma he inflicted.