Family angry officer's killer could be free in five years

Sergeant Derek Wootton. Photo / Supplied

The family of police officer Derek Wootton struggled today with the news his killer could be a free man in five years time.

Sergeant Wootton was laying road spikes in Titahi Bay, Wellington, last year when Mongrel Mob member Andrew Popo struck him in a stolen car as he fled from police.

"I'm disgusted with the sentence. I guess it's not the right thing to say, but my brother's life is obviously very, very cheap," his younger brother, and fellow officer, Dave Wootton said outside Wellington's High Court today.

Popo, 33, pleaded guilty last month to the manslaughter of 53-year-old Derek Wootton.

He was today sentenced to eight years and nine months jail, with a non-parole period of five years, and was banned from driving for 10 years.

"I'm sorry, I just have no faith in the system," Dave Wootton said afterwards. You just ask yourself `why do you bother?"'

Prior to the sentencing he told the court of being woken at by police at 5am to be told of his brother's "premature and violent death".

"One of the most important people in my life was dead. Killed by a criminal.

"I have to watch my elderly mother ... moved to tears by the mention of Derek's name."

Derek Wootton's elder brother John spoke of his revulsion at the "drug-fuelled culture that spawned the likes of Andrew Popo".

He said his mother was now a broken woman and he could never forgive Popo, who had a chance to walk the streets again, "something which had been taken from Derek forever".

When the sentence was announced, he could not contain his reaction. "Outrageous," he said from the court gallery.

However, having spoken with crown prosecutor Grant Burston after the hearing, he reflected on the sentence.

"There's a lot of initial emotion. I guess it's natural when you hear non-parole periods and things like that, one's never going to think the sentence is long enough.

"I think we have to acknowledge as a family that the police and judicial system have done a great job.

"I mean, they have exacted the most stringent sentence for a (motor vehicle) manslaughter killing.

"They've acknowledged, I think for the first time, that it was the killing of a policeman and that's been reflected in the sentencing and we have to be grateful for that."

Derek Wootton's fiance Bronwyn Hewitt, accompanied by his mother Cath, said she had expected more jail time.

"Whatever sentence Popo got wasn't going to bring Derek back ... we just have to hope he stays there for a bit longer.

"I was hoping that this sentence would deter any other attacks on police officers going about their daily jobs but it hasn't reflected that at all."

In her victim impact statement she had told the court how her partner's death forced the sale of the family home.

Her performance at work had been affected as "grief consumed my existence over the last 10 months".

"I am soon to be a grandmother, and feel distressed at what Derek and my grandchild will miss out on."

The sequence of events which led to Mr Wootton's death began when Popo was called by a niece who complained she was in a car with a drunk driver.

Having driven to meet her, despite being disqualified at the time, Popo knocked the driver to the ground and punched him about the head.

He then took the man's car and drove off before a 16-year-old passenger could get out.

The assault and theft were reported to police but Popo refused to stop when signalled by patrol car and a high speed chase ensued.

During sentencing Justice Alan MacKenzie described how Mr Wootton had been laying road spikes when Popo's car approached, travelling at around 70km/h.

He said Mr Wootton had tried to avoid the car but was struck in the legs, smashed into the windscreen and thrown more than 27 metres down the road. He was killed instantly.

Popo had a long history of offending including a previous manslaughter charge in 2001 after the high-profile shooting of 16-year-old Black Power prospect Wallace Whatuira on Waitangi Day.

He walked free when a key witness refused to testify, despite having given evidence against the three Mongrel Mob men during depositions.

He also had two convictions for violent offences and a raft of driving related charges, and had only been out of jail for three months when he killed Mr Wootton.

Justice MacKenzie said the incident was one of the worst examples of vehicle-related manslaughter he had seen and it was a "significant aggravating factor" that Mr Wootton had been an officer acting in the course of his duties at the time.

He said a starting point of 12 years was appropriate, plus nine months for assaulting the car driver, but gave Popo a four-year discount for his early guilty plea.

- NZPA