The relationship between the family of a teenage courier fatally shot by a police officer trying to shoot a gunman on an Auckland motorway and police is starting to improve following the gunman's sentencing today.
Stephen Hohepa McDonald was today jailed for 13 years, with a minimum non-parole period of eight years, for his role in the drama.
McDonald, 50, earlier this year admitted 23 charges arising from a car chase across the city which ended soon after police accidentally shot teenage courier Halatau Naitoko, 17, on Auckland's Northwestern Motorway on January 23.
Mr Naitoko died from a police bullet to his chest after being caught in crossfire as McDonald tried to hijack a truck.
There had been divisions in Mr Naitoko's family about the police role in the event, divisions which continued after police decided the officer would not face any charges.
Mr Naitoko's family was not present at McDonald's sentencing today as they were making funeral arrangements for Mr Naitoko's stepfather, who died on Sunday.
But a family spokesman, Peter Sykes, said a meeting between police and the family on Sunday helped them understand all the events of January 23.
"It made it really clear that in a 30 second period, several shots were fired. We don't believe Halatau even knew what was going on. He just happened to be there."
Mr Sykes said the family realised McDonald could have stopped several times during the hour-long saga which led to the shooting.
"The mere fact that he kept on going was a real issue for the family. He could have stopped at the first point. He kept on going," he said.
"He prevented any form of intervention that was passive or peaceful."
Mr Sykes later told Radio New Zealand "there's no doubt that McDonald is solely responsible for Halatau's death".
Mr Sykes said the family still wanted to meet with the officer who fired the shot that killed Mr Naitoko. The officer has permanent name suppression.
Detective Inspector Peter Devoy, who said he would not rule such a meeting in or out, praised the family's attitude towards police.
"I can't speak highly enough of the family. Every time we have gone to them we have been welcomed. They have been gracious, courteous and dignified in dealing with police who they could well be angry with."
Police Association President Greg O'Connor said the sentencing brought those involved a step closer to closure.
"The tragic death of Mr Naitoko, a young man with a promising future, has been incredibly hard on all those involved - not just the family, but also the police involved, who were trying to protect innocent members of the public from the gunman's rampage.
"The sentence today can't change the tragic outcome of the day's events, but it is an appropriate sentence which sheets home responsibility to the man who was ultimately responsible for the death."
Crown prosecutor Aaron Perkins, during submissions, read a victim impact statement from the officer who fired the shot, who said he said was devastated and spent days and nights asking himself "what if".
"But for half an inch or so, McDonald, the intended target of my incapacitating round, would have been stopped from continuing his insane rampage, but instead it killed an unintended victim," the statement said.
McDonald's lawyer, Roger Chambers, said his client's distress was palpable when he was told Mr Naitoko had died and he pleaded guilty as soon as he knew what charges he faced.
Justice Rodney Harrison said there were several aggravating factors to the offending and that McDonald's actions had a profound impact on many lives.
Among those were the fact McDonald had 180 previous convictions and had been up for sentence on 56 previous occasions.
Justice Harrison said McDonald discharged his firearm on six separate occasions, frequently at a close distance from his intended targets, and that he must have known he was placing innocent citizens at risk.
He said McDonald's offences would have landed him a longer sentence but for his early guilty plea and what he felt was McDonald's genuine remorse at Mr Naitoko's death.
Justice Harrison said he agreed police were not to blame for Mr Naitoko's death.
- NZPA
Motorway shooting victim's family accept police not to blame
Stephen McDonald. Photo / Supplied
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