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BY JOE POTENTE
jpotente@kenoshanews.com

In a verdict that left both sides’ families in tears, a Kenosha jury found Martin L. Walker guilty Friday of felony murder for the death of middle school teacher Colin Byars.

The jury presented its findings Friday afternoon, after concluding a round of deliberations that began a day earlier.

Walker, 20, of Racine, faces up to 22 years in prison. Sentencing was set for Feb. 11.

In choosing to convict Walker of murder, the jury found that aggravated battery caused, or was a substantial factor in, Byars’ Feb. 21, 2009, death. The jury could have opted to convict Walker of only aggravated battery, defined as causing great bodily harm while intending to only cause harm.

Felony murder differs from a traditional homicide charge in that prosecutors do not have to show intent or negligence in a death.

Witnesses said Byars, 24, and Walker were engaged in a confrontation outside of a tavern in the 3000 block of Roosevelt Road, when Walker punched Byars in the face. Byars fell to the ground, hitting his head on the pavement and causing the massive injuries that led to his death.

Walker’s attorney, Charles Bennett, argued Walker was acting in self-defense when he punched Byars. Kenosha County District Attorney Robert Zapf countered that it was Byars who had the right of self-defense.

Walker, dressed in a black suit with shackles around his ankles, did not react visibly to Friday’s verdict. Among his and Byars’ families, who packed Judge Wilbur W. Warren III’s courtroom, it was a different story.

Byars’ mother, Danelle Eckert, wept as she talked with reporters outside the courtroom. Her son would remain gone, no matter the verdict, Eckert said.

“It doesn’t make me feel happy, it doesn’t make me feel sad, because my son is still gone,” Eckert said. “So my reaction to the verdict is numb.”

Walker’s mother, Mattie Yarbrough, also fought back tears as she told reporters her son is not a murderer.

Yarbrough said she believed race tinged the trial’s outcome.

“It’s black on white,” Yarbrough said. “And whenever it’s black on white, the black always gets punished.”

Byars was a popular special education teacher and wrestling coach at McKinley Middle School. Walker, who had an extensive criminal record, was not arrested until weeks after Byars’ death, when police acted on a tip from two teenage girls who witnessed the altercation.

Walker also is charged with robbing a Somers gas station hours after his fight with Byars. A final pre-trial hearing in that case will coincide with Walker’s Feb. 11 sentencing in Kenosha County Circuit Court.

While Walker’s mother said she did not believe her son tried to kill Byars, Byars’ father, Paul Byars, said he was pleased the verdict will prevent Walker from hurting other families.