Police are investigating the sudden death of a person in West Auckland on Sunday night.
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Simmering anger over a woman appears to have spurred an Auckland man with an “alarming and extensive” criminal history to launch a savage, deadly attack on a new acquaintance’s immobile body after he had already passed out from drinking - leaving the victim with a steel-capped boot imprint on his face and bleeding to death internally from ruptured organs.
“Mr Nemkin was completely defenceless and totally vulnerable at the time you attacked him,” the judge said of the “brutal and gratuitous” beating before announcing the sentence. “He was obviously totally unaware of what you were about to do to him.”
Court documents made public for the first time today note that the victim had no prior history with the man who killed him. Nemkin had been invited to the West Auckland home that afternoon after striking up a conversation in Auckland Central with another stranger.
Upon arrival that Sunday afternoon, the two began drinking with tenants and other visitors to the house - among them the defendant and a woman who lived at the address.
“After a short time, Mr Nemkin and [the woman] left the main house and went into the garage where [she] was living,” the agreed summary of facts for the case state. “The pair were kissing on [her] bed. Mr Chapman kicked open the door to the garage. He was angry and started threatening Mr Nemkin. [The woman] and Mr Nemkin left and went into the main house.”
Albany resident Lev Nemkin was killed in a Rānui home in June 2022.
Court documents do not indicate that Chapman and the woman were in a relationship or what specifically prompted the defendant’s rage, but the defence and prosecutors agreed Chapman appeared for whatever reason to continue developing a dislike for the victim over the course of that night as Lemkin returned to the garage and continued drinking with the group.
“At one point, Mr Nemkin put his hand on [the same woman’s] leg,” documents state. “Mr Chapman saw this and started making growling/hissing noises at Mr Nemkin. He said to Mr Nemkin, ‘Shall I hit you in the face?’”
Others in the garage again took Nemkin into another room after the threat but the victim returned about five minutes later and fell asleep on the bed.
It was only then, after Nemkin was already “comatose” from alcohol, that Chapman began to hit him with his fists and elbow.
“Mr Chapman also kicked and jumped on Mr Nemkin while wearing steel-capped work boots,” documents state. “Mr Nemkin sustained approximately six blows to his face, one of which was consistent with his face being stomped on by a boot due to the presence of a shoe imprint on his face. Mr Nemkin also sustained around three blows to his neck, one to his chest, one to his thighs and at least four to his abdomen.
“The blows to his abdomen are consistent with Mr Chapman kicking and jumping on Mr Nemkin multiple times.”
The injuries caused Nemkin to bleed out internally, ultimately causing his death, but his intoxication could have also been a contributing factor, it was determined.
Paul Anthony Chapman, who pleaded guilty to the June 2022 manslaughter of Lev Nemkin in Rānui, appears in the High Court at Auckland for sentencing. Photo / Craig Kapitan
Crown prosecutor Henry Steele emphasised during today’s hearing that the victim was already unconscious when subjected to “a very deliberate, sustained and cowardly attack” involving at least 15 blows.
“It’s hard to imagine a more vulnerable victim on that night,” he said.
He asked the judge to impose a minimum term of imprisonment to protect the community. The request was based in part on Chapman’s “alarming and extensive” criminal history that involved nearly 30 prior convictions dating back to the early 1990s for crimes including violence against family members and police.
But defence lawyer Nick Chisnall KC argued that one wasn’t necessary given his client’s newfound willingness to address his nearly lifelong alcohol problem. Chapman had begun drinking at age 9 and was getting drunk nearly every weekend with his mother and other adults by age 13, at which point he left school, according to a report submitted to the court.
His childhood, which included living for a period with an uncle who was a Mongrel Mob member, was marred by violence and trauma, the defence lawyer said.
Police and St John paramedics respond to an incident in Rānui, West Auckland, on 19 June 2022. Photo / Hayden Woodward
“There is no dispute Mr Chapman is an alcoholic and it’s impacted on every aspect of his life,” Chisnall said. “Alcohol has been the cause of all his offending.”
The Crown acknowledged the defendant’s difficult childhood but noted he is now almost 50 years old and had plenty of previous interactions with the justice system in which he might have addressed his issues.
Justice Gordon declined to set a minimum period of imprisonment. She noted that, although his remorse and willingness to accept responsibility was in dispute, he clearly acknowledged his wrongdoing in one of the several reports submitted to the court.
“I think about it all the time - all day, every day - that I took someone’s life,” the judge quoted him saying. “I didn’t mean to... I have 100 per cent remorse for the family and my actions. All I can do is make sure this is never going to happen again.”
Nemkin’s parents and siblings sat in the front row of the courtroom gallery as today’s sentencing took place.
“Lev was the most gentle person you could ever meet,” his twin brother said during a victim impact statement. “He was generous, thoughtful, anxious to fit in and be loved.”
The brother described the agony of imagining his brother waking up frightened and confused as he was beaten to death.
“My twin brother was taken from me for no real reason,” he said. “We have no choice but to live with it and try to be resilient.”
Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.
