Connor Whitehead, 16, was shot dead at the party in the northern Christchurch suburb of Casebrook on November 5, 2021.
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 three-week jury trial began in the High Court at Christchurch 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’s 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’s going on and what they can hear. At one point someone can be heard yelling “f…… shoot me, f…… shoot me”.
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’s 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 “a bit of a change in scenery”, with more yelling.
She then heard a car enter the cul de sac. There was further “yelling and aggression”, with one partygoer yelling “f…… shoot me c…”, before she heard what sounded like a gunshot.
She said the time between the swearing to the gunshot felt “quite instant”.
After the gunshots she heard a car go off followed by “distressing screaming”. She then called police.
The Crown alleges both accused responded to a call for help from Sparks’ son, as the party got out of control and he was threatened, by arming themselves with loaded firearms – a Stevens shotgun and a Mossberg shotgun – in Smith’s VW Golf.
About 11pm the two accused arrived at the party. Sparks’ 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.
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’s lawyer, Daniel Kirby, said his client accepted he was responsible for Whitehead’s death.
However, he said his client was guilty of manslaughter, not murder.
“Mr 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.”
He said Smith lied in his police interview from his hospital bed, but that did not mean he was a murderer.
Sparks’ lawyer, Nicola Pointer, said he did not fire the fatal shot, and he had no idea things would unfold the way they did.
“What occurred went well beyond any common purpose that could have existed between the men when they travelled to the party.”
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.
