Nicholas Ilario Dichiera sentenced for acting as a getaway driver for Zen Clark

A man was given free drugs to be a drug dealer’s getaway driver after he fired shots into sleeping residents’ home on two occasions to chase debts.

A getaway driver for a drug dealer who fired warning shots into a western suburbs home has avoided jail after he turned his life around.

Nicholas Ilario Dichiera, 29, was given free drugs to help chase debts by intimidating the sleeping residents in the early hours of the morning.

During sentencing, the District Court heard shots were fired into a premises at Ferryden Park on two occasions.

The court heard occupants of the house were asleep on March 4, 2019 when they were woken by a loud noise.

A bullet hole was found in the glass sliding door.

“That was said to be consistent with the shooter having fired the shot, while standing in the park or reserve at the back of the house, some 50 metres away,” Judge Rauf Soulio said.

The second incident occurred at about 2.10am on March 5, 2019 when one of the occupants of the house woke to the sound of motorcycles.

“He then heard shots and then the motorcycles drive away,” Judge Soulio said.

Nicholas Ilario Dichiera, 29, was given free drugs to help chase debts by intimidating the sleeping residents in the early hours of the morning. Picture: File.

Police observed four shots had been fired, including one to a sliding door frame next to a bedroom where a person was sleeping, although the bullet did not penetrate the frame.

The court heard Dichiera was living with co-offender Zen Paul Clark, 52, at the time of the offending.

“You were being provided with drugs to which you were addicted, and in exchange would assist Mr Clark in relation to activities including the repair of his vehicles, and driving him to various places to collect money in relation to his drug-dealing business,” Judge Soulio said.

The court heard Dichiera drove Clark to collect money on the night of the first count.

He heard shots and Mr Clark came running to the car holding a gun and told Dichiera to drive away.

On the second occasion, Dichiera was instructed to follow the motorcycles in a car and drove Clark home after.

“Although you do not recall hearing shots on the second occasion … you knew that there was going to be another use of the firearm, to fire shots into the house, and you acted as what might be called a ‘getaway driver’,” Judge Soulio said.

“There was no attempt to injure the occupants of the house but, rather, to intimidate or frighten them by the shooting episodes.”

Dichiera, of Kudla, pleaded guilty to two counts of discharging a firearm intending to injure, annoy or frighten another person.

Clark, who pleaded guilty to the same charges, was jailed in 2020 for 25 months, with a non-parole period of eight months.

The court heard Dichiera started using methamphetamine at 18, which increased to using over a gram a day.

The court heard after being released from custody, Dichiera took steps to rehabilitate from his drug addiction.

“You said that you did not contemplate returning to drug use, as that period reminded you of this offending, and of the sound of gunshots, and you did not want to be involved in that ever again,” Judge Soulio said.

Taking into account the period Dichiera had spent in custody and on home detention, he was sentenced to two months jail.

Due to his rehabilitation efforts, the sentence was suspended on a $1000, one year good behaviour bond, with supervision.