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Torstar: A routine police surveillance operation on the trail of thieves stealing cars and airbags ended in tragedy yesterday when a veteran York Regional Police officer was dragged to his death while trying to arrest a suspect on a quiet residential street in Markham.

York Regional Police Chief Armand La Barge called Const. Rob Plunkett, 43, a "true hero" and said his death marks a dark day for the small GTA force that last lost an officer in the line of duty in 1984.

One man has been charged with manslaughter, the other with theft-related offences.

Both accused were on bail for other charges.

 

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The drama unfolded just before dawn yesterday after investigators had followed a white Honda Civic, registered to a home in Ajax, and a gold Honda, which was stolen but not yet reported as such, from an address in Toronto to Ascot Cres., a winding, tree-lined street not far from Steeles Ave. and Kennedy Rd.

 

There has been a rash of airbag thefts across York Region, particularly in Markham.

Since January, there have been 43 incidents of airbag thefts and investigators had zeroed in on a couple of suspects.

 

The undercover officers watched the two cars pull over to the side of Ascot Cres., just around a bend, and saw the driver of the gold Honda attempt to remove an airbag. It was just after 5 a.m. when Plunkett approached the open driver's side, said La Barge.

 

"As Const. Plunkett attempted to arrest the suspect, the suspect put the vehicle into reverse, and accelerated over a curb, across a lawn and over several shrubs," he said.

Plunkett was then pinned by the open door as it struck a tree on the front lawn of 65 Ascot Cres. As the suspect tried to drive away, the officer was dragged onto a nearby lawn and thrown from the car.

The suspect continued to reverse across the lawn, "at which time assisting officers rammed the vehicle to stop its progress," said La Barge. The suspect fled the car but was quickly arrested.

The second suspect was also arrested trying to flee.

 

Police said they didn't know why the suspects chose Ascot, except at that time of day it is still dark and there are no surveillance cameras in the immediate area.

Kuo Wan Liu was awake inside his Ascot Cres. home. "There was a big bang noise once, and then a second one," Liu said. "It was not normal. Ascot Crescent is very quiet."

Soon after, a group of people outside were yelling, "`Bleeding! Bleeding! Bleeding!' Very loud," he said.

It's unclear how many officers were at the scene when Plunkett moved in. La Barge said other officers were in the area and responding when Plunkett moved in to make the arrest.

The 22-year veteran had identified himself as a police officer, but detectives will look at what he was wearing and what identification he had, said homicide Det. Kevin Torrie.

Plunkett, married and the father of a daughter, 18, and sons 16 and 14, was rushed to Scarborough Grace Hospital, where he died.

 

Nadeem Jiwah, 19, has been charged with manslaughter. He was on a recognizance order to live at Hawkeshead Cres.

Baseer Yousafzai, 23, is facing various charges of theft and mischief. He is a landed immigrant from Afghanistan. They're scheduled to make a court appearance in Newmarket today.

A charge of first-degree murder requires evidence of planning and specific intent, second-degree murder covers a "spur of the moment" decision to kill with no planning, and a manslaughter charge can be laid when someone commits an unlawful act that results in someone's death, criminal lawyer Andrew McKay explained.

 

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TORONTO -- At last, the family of York Regional Police Det. Const. Rob Plunkett can begin to heal.

Nadeem Jiwa, the airbag thief convicted of manslaughter in Plunkett's death, has lost an appeal of his sentence and must do the dozen years behind bars he was given in 2011. No more excuses, no more stalling, no more whining. He must do his time.

 

For Amanda Plunkett, the good news came a day after a grim anniversary - Aug. 7 marked five years since her vibrant father was senselessly killed in the line of duty. From that day of horror, there have been so many difficult stages for the family to endure - Jiwa's preliminary hearing, the trial, a shocking verdict that came back not as murder but manslaughter, and then news that still not satisfied, he was appealing his sentence.

 

But now, finally, an end.

 

"It's been hanging over our heads," explained Plunkett's 22-year-old daughter, who is working this summer as an assistant youth probation officer. "We've been waiting for this decision and we can all rest easy now. We're relieved that this last little thing is over now. It's that last bit. There's nothing more he can do."

 

In a judgment released Wednesday, the Ontario Court of Appeal found Justice Michelle Fuerst's sentence was on the "very high end" for a youthful, first-time offender, but contrary to what his lawyers had argued, it was not demonstrably unfit.

 

"Police officers carry out an essential and responsible role in society," wrote Justice Eileen Gillese on behalf of a three-judge panel, quoting an earlier decision. "When a police officer is killed in the execution of duty, the community is understandably outraged. In imposing sentence, it is appropriate to reflect society's revulsion for this aspect of the offence."

 

In the early morning hours of that August day in 2007, 19-year-old Jiwa was on bail facing airbag theft charges and was out well past the 1 a.m. curfew when he was supposed to be tucked in at his mother's home. Instead, he was out with a friend in a Markham, Ont., neighbourhood, stealing a car and valuable airbags. Plunkett , 43, was part of an undercover surveillance unit watching Jiwa and his partner when they were given the order just before 5 a.m. to move in and make the arrests.

 

With the cops screaming, "Police, police," his partner in crime quickly surrendered, Not Jiwa. He jumped into his stolen gold Honda and threw it into reverse, crushing Plunkett against a tree. And even as the father of three lay collapsed on the ground, the thief kept on reversing. When his car was finally rammed to a stop, Jiwa tried to take off on foot.

 

He later insisted at his trial that hitting Plunkett had been an accident and he didn't know he was a police officer trying to arrest him.

 

Charged with first-degree murder, Jiwa was convicted by a jury of the lesser offence of manslaughter in 2011 and sentenced to 12 years in prison and a 10-year driving ban when he's released. In May, Jiwa's lawyers went to the appeal court to argue the sentence was too harsh for a first-offender with genuine remorse.

 

The learned judges disagreed.

 

"This was a very serious crime," wrote Justice Sarah Pepall. "Detective Plunkett was killed in the line of duty. His family and colleagues have been devastated by his death. I recognize that Mr. Jiwa was only 19 years of age at the time of the offence, had no previous record, showed some remorse and the killing was involuntary. Nonetheless, the offence was committed while he was on bail for pending air bag theft charges; he was driving a stolen vehicle having spent several hours stealing air bags; and he was in violation of his curfew."

 

The top court's decision was applauded by John Miskiw, Plunkett's friend and head of the York police association. "Sonja Plunkett and her children deserve some closure to the court process."

 

But, of course, 12 years doesn't mean 12 years at all and the family will soon have the parole system to confront: Given two-for-one credit for the almost four years he spent in custody, Jiwa has only three years left on his sentence. < As of Sept 2012.

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Uploaded on June 29, 2021
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