Andrej Michael Schwaab faces charges of attempted murder and wounding with intent to cause grievous bodily harm following a drive-by shooting in Christchurch last year.
The gunman in a drive-by shooting says he never intended to hit anyone – despite firing eight shots from a sawn-off gun as he passed by twice.
Andrej Michael Schwaab told the High Court at Christchurch that he had not intended to kill or seriously injure the man who was hit three times in the two volleys of shots he fired.
“I didn’t even intend to hit him,” he told Justice Gerald Nation and a jury.
Two men are on trial on charges of attempted murder and wounding with intent to cause grievous bodily harm following the incident on September 19 last year.
* Argument over parking allegedly led to volley of shots during drive-by shooting
* Re-start order for attempted murder trial
* Lesser charge offered as attempted murder trial begins
* Attempted murder charge withdrawn a week before trial
Schwaab, 28, and Joshua James MacKay, 26, deny the charges which are laid as alternatives for the jury to consider in the 10-day trial.
Schwaab has offered to plead guilty to the lesser charge of injuring by an unlawful act, but the trial is continuing.
He has also admitted unlawful possession of the .22 calibre semi-automatic sawn-off firearm involved, a charge MacKay denies.
Schwaab said he was at his home in Hereford St in Linwood, Christchurch when he heard a man “hurling racial abuse” and shouting from the street about a car being parked across the footpath outside his house.
“I was pretty angry about some of the stuff he was saying,” said Schwaab. “He was being very offensive about people’s races and culture. He said he knew where I lived.”
Schwaab followed him up the road, and when the man threatened to call the police and put the phone to his ear, Schwaab punched him to the ground.
He then walked away and got into back seat of the car. MacKay and another man also got in. The firearm, which Schwaab jointly owned, was in the back.
As the car passed the man on the footpath, and another man with him, Schwaab fired four shots. “I was trying to intimidate, scare (him) because I was pretty wound up about what he said earlier.”
MacKay did a U-turn and drove back towards the men, who did not seem scared at all. “I leaned across towards the passenger seat, and I fired four more shots.”
Schwaab said he had never met the victim of the shooting – the man who had joined the other who he had earlier punched.
That man was hit three times – in the back, hip and arm, breaking the latter.
Cross-examined by Crown prosecutor Kerry White, Schwaab denied he had been carrying the gun with him in the car for protection.
“I don’t do anything that requires me to need protection,” he said.
Schwaab had told police the man who was shot had been “charging angrily towards us”, but after seeing footage of the incident he accepted that he was standing.
Schwaab admitted being angry, and felt the shooting victim had been challenging him when the car passed the second time.
He said he fired “warning shots” to scare and intimidate him, but denied he was trying to hit him. He was not aiming, and had no idea he had hit the man, he said.
The trial continues and is expected to hear closing addresses on Wednesday.
This article first show on www.stuff.co.nz Source link Author DAVID CLARKSON on date 2021-10-12 07:34:30