The man accused in a Thorsby, Alta. fatal gas and dash from October 2017 has pleaded guilty to manslaughter and failing to stop at the scene of accident causing death.
Ki Yun Jo, the 54-year-old Thorsby Fas Gas station owner, was struck and killed by a vehicle as he tried to stop the driver from leaving without paying.
“I had the worst day of my life. My dad was senselessly and cruelly taken away from me,” Jo’s daughter Kay Jun told court on Friday.
“My dad was the most loving person in the world. He was a family man, spent his life to give us all the best,” she said.
“It was so difficult to take in that my dad has forever gone and I will never be able to see him or hug him again.”
Mitchell Robert Sydlowski of Spruce Grove was arrested at the end of May in relation to the incident. He was later charged with second-degree murder, failing to remain at the scene of an accident causing death, possession of property obtained by crime over $5,000 and theft under $5,000.
READ MORE: Spruce Grove man charged in fatal Thorsby gas-and-dash
A summary disposition for Sydlowski, 29, began at a Wetaskiwin court room on Friday.
According to an agreed statement of facts, Sydlowski stole a cube van from Middleton Flooring, a business in Spruce Grove, on Oct. 6, 2017. He drove to Fas Gas, filled the van with $198 of gas and made no attempt to pay.
Jo went out to confront him, court documents read. He grabbed the passenger side mirror of the van and hung on.
Fas Gas surveillance video of the incident was submitted as evidence.
The accused drove off, swerving left and right, the agreed statement of facts explains. The victim eventually separated from the van and was run over by the rear tires.
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The accused drove away. Sydlowski acknowledged he knew the victim was hanging on to the side of the vehicle.
First responders attempted first aid but couldn’t revive Jo.
A dozen witnesses provided statements to RCMP.
The van was later found between Calmar and Thorsby.
The agreed statement of facts said the autopsy found numerous scrapes to the body as well as lethal blunt force trauma, skull and facial fractures, internal trauma to his trunk and a broken neck.
“Often it’s stuck in my head for the whole day and disturbed my daily life,” Kay Jun said Friday in her victim impact statement.
Both she and her brother quit their jobs to run the gas station and store but they were reminded of their father all the time. They eventually decided to sell the business and left Thorsby.
“It was heartbreaking to see how my mom suffered after losing her husband.
“He meant the world to her and her world went into pieces,” Kay Jun said. “She couldn’t eat and sleep well, she lost so much weight and was sick all the time. And my brother was depressed. I was completely lost and I didn’t know what to do. I just wished my dad could be with me.
“I miss him so much,” she said.
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Jo’s daughter said she started feeling angry and would get into fights with her mother.
“I hated myself, but what I hated most was the offender… When I saw him I was furious and couldn’t stop tearing, accompanied with my rage. He… ruined me, my life, my family and everything – yet he was still alive.”
“I could find no regret or guilt in his face. I wanted to shout out my rage at him,” she said.
“This sentence certainly will not bring my father back to us. It is my hope that it will keep our world better and safer from crime.”
Sydlowski has not yet been convicted or sentenced.
The Crown is seeking a total sentence of six to eight years, while the defence is seeking six years in all.
Soon after the fatal hit and run, the province passed pay-before-you-pump legislation, which requires drivers to pay before filling up at gas stations and makes violence-prevention plans mandatory at retail fuel and convenience stores.
The Crown prosecutor argued the accused has a lengthy criminal record with dozens of prior convictions. Lawyer Vince Pingitore said the impact on the victim’s family — and community as a whole — has been devastating.
He also pointed out the vulnerable state of the victim and that the accused drove recklessly and left the scene.
The defence pointed out the accused’s guilty plea and said a mitigating factor was the short amount of time Jo was on the vehicle while Sydlowski was driving.
Laywer Kent Teske said the accused has used his time in custody productively. He completed his high school diploma, is trained as a third-year heavy duty equipment technician and has been a leader in the boot camp program.
Teske said Sydlowski has substance abuse issues but is intelligent and motivated. If he can refrain from substances, his lawyer feels Sydlowski can be rehabilitated.
Sydlowski addressed court and the victim’s family on Friday.
“Today I’m accepting responsibility. I’m so sorry for the pain I’ve caused your family.
“I did not intend for this to happen,” he said. “From the bottom of my heart, I am so sorry for your loss.”
The judge reserved his decision until 10 a.m. on Sept. 18 in Wetaskiwin court with video conferencing.
With files from Sarah Ryan, Global News
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