Speeding man driving away from cops learns his fate for smashing into boy, 10, who was excitedly on his way to shop for his birthday
A Kentucky man was sentenced to 40 years in prison after fatally striking a 10-year-old boy during a police chase.
Tymetrius Walter, 26, was fleeing the police during a 2023 traffic stop when he crashed into an SUV, killing Jake Luxemberg and injuring his grandmother, Teri Portnoy, who was driving.
A Kentucky State Police (KSP) trooper tried to stop Walter but he refused to pull over and took off ‘a high rate of speed,’ according to KSP.
During the pursuit, officers learned his vehicle was stolen. As he exited Interstate 71, he struck Portnoy’s white GMC SUV on Kentucky Highway 329.
Walter learned his fate after pleading guilty in June to vehicular homicide, assault, possessing stolen property, and running from the police, WHAS 11 reported.
The 26-year-old was initially charged with murder after the crash, but was reduced to vehicular homicide under his plea deal.
Jake’s grief-stricken family spoke out for the first time during Walter’s sentencing on Wednesday.
‘The morning he died, he was so excited because he was going shopping for his birthday,’ Kathryn Luxemburger, the boy’s mother, said per the outlet.
Jake Luxemberg, 10, was killed after a fleeing vehicle fatally struck the car he was inside of
Tymetrius Walter, 26, was fleeing police during a 2023 traffic stop when he crashed into the SUV Jake was inside of. He was arrested and sentenced on Wednesday
Jake was just nine days shy of his 11th birthday when he was killed, and his mother later recalled the last conversation she had with her son before the crash.
He left to go shopping with Portnoy, who was visiting from Florida for his birthday, WAVE 3 reported.
Kathryn told Jake not to buy any more sweatshirts because he already had plenty. He yelled back: ‘Love you, Mom!’ And she replied, ‘I love you too, buddy.’
Those were the last words they shared.
Portnoy also spoke at the sentencing, recalling the final moments with her grandson – Jake was opening a new pack of football cards while telling jokes, when Walter’s car hit theirs.
‘The next thing I remember is waking up, lying on my left side in excruciating pain, not knowing what had happened,’ Portnoy said, according to WAVE 3. ‘I remember thinking, “Have I been in an accident?”‘
Portnoy said the car slid and shattered glass flew everywhere. When it came to a stop, Jake’s lifeless hand fell in front of her 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.’
Jake posed with his mother, Kathryn
Jake and his family, he died just nine days before his birthday
Jake after he caught a fish, the boy died while on his way to shop for his birthday
Dashcam footage of Walter trying to evade cops from Kentucky State Police
The heartbroken family spoke directly to Walter during his sentencing.
‘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 said, per WHAS 11.
‘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 apologized to the family, saying the day of the crash ‘changed his life as well.’
‘I apologize for my own actions that led to this. I know my words will never replace the hurt, the trauma, the pain I inflicted,’ he said.
