Zac James Thorp-Millard found guilty of drive-by shooting, not guilty of another

A jury has decided the fate of a man standing trial for two shootings at a Mount Gambier couple’s home after hearing he had been wrongly accused.

A jury has decided the fate of a Mount Gambier man charged with two drive-by shootings after his defence lawyer argued he was wrongly accused.

Zac James Thorp-Millard was found guilty of one count of discharge a firearm to injure, annoy or frighten in relation to a February 23, 2020 shooting in the Mount Gambier District Court on Wednesday.

The jury returned a not-guilty verdict for aggravated endangering life and a second count of discharge a firearm to injure, annoy or frighten in relation to a second shooting the following day.

Prosecutor Tom Macura previously alleged the defendant drove to Namirra Latham and Zachary Sailor’s Olinda Court home, fired a shotgun three times into their vehicle at 5.30am.

Zac James Thorp-Millard is standing trial in the District Court in Mount Gambier charged over two drive-by shootings. Picture: Jessica Ball

Mr Macura also alleged Thorp-Millard returned with a handgun at around 11.30am on February 24, pulling up next to the property the couple were in the front yard, firing around three shots at the man.

His defence lawyer Elizabeth Mansfield argued the female victim may have falsely identified the accused as she was reluctant to name the true offender due to criminal association.

Ms Mansfield detailed the alleged victims’ “fractured, tense relationship” with Dermott Von Stanke who she described as “our local Hells Angel”.

The court heard threatening social media exchanges between Ms Latham, Mr Sailor and Mr Von Stanke from a year prior to the shootings.

In the communication, Mr Von Stanke allegedly told Mr Sailor to “watch your back boy” and Ms Latham said she had lost count of how many times he had threatened to go to their home and “spray it with bullets”.

“Mr Von Stanke responds … you will actually disappear. I’m not the little man you once knew, I will literally ‘dehead’ you outside of your own house,” Ms Mansfield said.

Ms Mansfield said Mr Von Stanke was not necessarily the shooter but the interactions showed the “undesirable individuals” the couple mixed with who may have access to firearms.

The Mount Gambier courthouse. Picture: Tait Schmaal

“The idea that Mr Thorp-Millard could be the only possible individual to wish any harm on them or their vehicles is simply not an accurate representation of the reality,” she said.

The court heard the feud was over but Ms Mansfield argued Ms Latham’s versions of events was not consistent with neighbours.

She argued the description of the shooter given by a neighbour who witnessed the second shooting did not fit the accused.

“He said he saw the driver raise his arm and shoot in the direction of the residents,” she said.

“He said that the driver had dark scraggly hair and darkish complexion.”

Mr Macura argued for bail to be revoked, noting a previous conviction for possessing a firearm without a license and a history of animosity between the Thorp-Millard and Mr Sailor.

Judge Ian Press continued his home detention bail but warned the defendant, who is facing a maximum eight years imprisonment, to be under no illusion the decision reflected future sentencing.

Thorp-Millard will reappear in April.