Buffett’s lawyer, Andy Hill, told Judge Joanne Wickcliffe that Buffett had worked hard to distance himself from association with Black Power and was involved in a programme that worked with gang members who had turned their lives around.
The pleas to keep him out of jail worked. He was sentenced to nine months’ community detention and six months’ supervision - a “lenient” sentence in Judge Joanne Wickcliffe’s eyes, but it came with a warning not to do anything “silly” again.
“Everything you have done to make changes in your life, I have been really impressed by that. You show a great deal of promise. You accept this was a bad mistake and you’re not going to do this again.”
She said she hoped he would go on to be a leader in one of the positive groups he was now involved in, including Waiariki Whanau Mentoring.
“Put your abilities to great use, not just good use, and do something to make sure other kids don’t make the mistake you have made. Don’t let this define the rest of your life.”
What Himiona Buffett did in Rotorua
Buffett, now 20, was sentenced after pleading guilty to one charge each of discharging a firearm and intending to intimidate.
He was driving a Ford vehicle at the intersection on the corner of Malfroy and Old Taupō Rds about 12.30pm last September 19 when his teen passenger, who has name suppression, covered his face and leaned out the window of the vehicle with a pistol. He fired five times towards two utes in front containing Mongrel Mob members.
Both ute drivers drove to Old Taupō Rd, with the Ford vehicle in pursuit. One of the utes then reversed towards Malfroy Rd and intentionally collided with the Ford, causing it to spin out of control and stop facing west on Malfroy Rd.
The drivers of all three vehicles then sped off.
One of the bullets shattered the rear window of a ute carrying Mongrel Mob members and another bullet travelled through the open window of a member of the public’s car that was waiting at the traffic lights. The bullet lodged in the interior lining of the vehicle. No one was hurt.
The judge’s sentencing
Judge Wickcliffe, in sentencing Buffett, said he had excelled in sports and academically earlier in his life.
“You said you were disgusted in your own offending and it was against your own moral code.”
The judge noted pre-sentence reports said Buffett wanted discipline and routine, had a supportive and pro-social partner described as being “an extremely positive influence” and described his mother as his role model.
Judge Wickcliffe said when Buffett was 16 he was recruited by an Australian rugby club but the offer folded when Covid-19 struck. He struggled mentally with the loss of the opportunity as it was through no fault of his own.
“You felt directionless and isolated and although you kept working and training, you lost that sense of belonging. You seemed to have found that when you were 17 or 18 in the Black Power gang. But you have since said you have done everything you can to break away from that.”
She said Buffett was even offered a scholarship to train with professional basketball star Steven Adams.
“Clearly, you have a lot of potential and you still do.”
Judge Wickcliffe said Buffett maintained he didn’t know his passenger had a gun on the day of the shooting but she said despite this, he was just as culpable as his co-offender.
She gave a starting point of three years in jail but gave him discounts totalling 55%. These included 20% for guilty plea, 10% for his youth, 15% for matters in his cultural report, 5% for his efforts of rehabilitation and 5% for remorse.
She reduced the sentence by another three months for the lengthy time he had spent on electronically-monitored bail, which gave an end sentence of 13 months’ jail. She said it fell within the range of home detention but she instead sentenced him to nine months’ community detention.
The packed gallery of family and supporters were visibly happy, hugging and clapping when Judge Wickcliffe delivered her sentence.
Co-accused on the run
The teen charged alongside Buffett, who has interim name suppression, was supposed to be sentenced on Friday but lawyer Casey Treanor, appearing on behalf of counsel Taria Ngawhika, said the teen had cut off his electronically-monitored bracelet about a week ago and absconded.
She said his family had reported it to Community Corrections and police were trying to find him.
“He became very fearful of the outcome today and given his age, that is not a surprise,” Treanor said.
Judge Wickcliffe issued a warrant for the teen’s arrest.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.
