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'Shoot me': Jury hears audio of fatal shooting at Connor Whitehead murder trial

Author
Sam Sherwood,
Publish Date
Fri, 12 May 2023, 6:00pm
Connor Whitehead, 16, was shot dead at the party in the northern Christchurch suburb of Casebrook on November 5, 2021.
Connor Whitehead, 16, was shot dead at the party in the northern Christchurch suburb of Casebrook on November 5, 2021.

'Shoot me': Jury hears audio of fatal shooting at Connor Whitehead murder trial

Author
Sam Sherwood,
Publish Date
Fri, 12 May 2023, 6:00pm

An audio recording of the moment two shots were fired at a party, one killing an innocent bystander, has been played to a jury.

Connor Whitehead, 16, was shot dead at the party in the northern Christchurch suburb of Casebrook on November 5, 2021.

Two men, Daniel Nelson Sparks and Joshua David Craig Smith, are charged with murdering Whitehead.

On Monday, a聽three-week jury trial began in the High Court at Christchurch聽before Justice Melanie Harland. The pair pleaded not guilty to the charges before the trial began.

On Friday, a girl who was spending the night at her aunt鈥檚 home on Heaphy Pl gave evidence.

The girl was watching fireworks from the living room when she noticed teenagers were having a party nearby.

She could hear people laughing and talking as well as some music.

As the night went on and they went to go back to bed they heard things were getting louder and it sounded like there was fighting.

They went back into the lounge and heard a car come down the cul de sac. The girl and her aunt then went outside to the back of the house to hear what was happening.

At some stage the girl started recording on her phone what was happening.

In the audio, played to the court, the pair discuss what鈥檚 going on and what they can hear. At one point someone can be heard yelling 鈥渇鈥︹ shoot me, f鈥︹ shoot me鈥.

Moments later two gunshots could be heard. The recording then stopped.

The girl and her aunt then went back inside the house and called police.

The girl鈥檚 aunt also gave evidence. She noticed the party earlier in the evening and did not think much of it.

It was not until later in the evening that there was 鈥渁 bit of a change in scenery鈥, with more yelling.

She then heard a car enter the cul de sac. There was further 鈥測elling and aggression鈥, with one partygoer yelling 鈥渇鈥︹ shoot me c鈥︹, before she heard what sounded like a gunshot.

She said the time between the swearing to the gunshot felt 鈥渜uite instant鈥.

After the gunshots she heard a car go off followed by 鈥渄istressing screaming鈥. She then called police.

Daniel Nelson Sparks, left, and Joshua David Craig Smith have pleaded not guilty to murdering Connor Whitehead. Photo / George HeardDaniel Nelson Sparks, left, and Joshua David Craig Smith have pleaded not guilty to murdering Connor Whitehead. Photo / George Heard

The Crown alleges both accused responded to a call for help from Sparks鈥 son, as the party got out of control and he was threatened, by arming themselves with loaded firearms 鈥 a Stevens shotgun and a Mossberg shotgun 鈥 in Smith鈥檚 VW Golf.

About 11pm the two accused arrived at the party. Sparks鈥 son pointed out the group of people acting aggressively towards him. Sparks approached them and there was a verbal argument. Gang signs were pulled and there was yelling.

Crown prosecutor Aaron Harvey began the trial on Monday before six men and six women by saying two shots were fired, one by each of the firearms, one by each of the defendants.

The two shots were about six seconds apart. The Crown says the most likely scenario is that Smith fired the fatal shot that struck Whitehead and that Sparks fired a shot from the Mossberg into the air, likely from the car.

Whitehead was shot in the chest. His injuries were not survivable.

There was no suggestion Whitehead was at all involved in the disorder and was standing between 9 and 12 metres away when the gun was fired at him.

After the second shot was fired, the two men left the scene.

Connor Whitehead's father, James Whitehead, arrives at court ahead of the three-week murder trial. Photo / George HeardConnor Whitehead's father, James Whitehead, arrives at court ahead of the three-week murder trial. Photo / George Heard

After the fatal shooting, police used emergency powers to intercept calls. A few hours after the shooting a call was intercepted between Sparks, Smith and an associate.

Smith said he had a run-in with the Crips, with 30 or 40 of them coming out of nowhere and surrounding them. Shots were fired and someone may have been hit.

In his interview, Smith said he did not fire any shots. Sparks said he got out of the car and, while out of the car, heard a shot being fired. After he heard the shot, he got his firearm and fired a shot in the air before they left.

Harvey said both men could be found guilty of murder, regardless of who fired the fatal shot.

Smith鈥檚 lawyer, Daniel Kirby, said his client accepted he was responsible for Whitehead鈥檚 death.

However, he said his client was guilty of manslaughter, not murder.

Joshua David Craig Smith is charged with murdering Connor Whitehead. Photo / George HeardJoshua David Craig Smith is charged with murdering Connor Whitehead. Photo / George Heard

鈥淢r Smith never intended to kill Connor. He never intended to cause Connor bodily harm, and he never thought that Connor or anyone else would be likely to die.鈥

He said Smith lied in his police interview from his hospital bed, but that did not mean he was a murderer.

Sparks鈥 lawyer, Nicola Pointer, said he did not fire the fatal shot, and he had no idea things would unfold the way they did.

鈥淲hat occurred went well beyond any common purpose that could have existed between the men when they travelled to the party.鈥

Sparks said he got a distressed call from his son asking for help.

He heard a gunshot, quickly returned to the car and grabbed the Mossberg, discharging a round into the air to scatter the crowd so they could leave.

Justice Melanie Harland. Photo / George HeardJustice Melanie Harland. Photo / George Heard

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