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How Kudla murderer Keith Russell Yandle secured a lesser charge for his son – then backtracked on the deal

When his son was charged with murder because of his actions, Keith Yandle made a deal with prosecutors – but then in a shock twist, reneged on it.

‘Shot through the heart’: Cowering man’s final moments revealed

Kudla shed killer Keith Russell Yandle agreed to plead guilty to murder a year before his trial – but reneged on the deal after securing a lesser charge for his co-accused son, Marco.

The Advertiser can now reveal Yandle’s three-week trial would never have taken place if not for events that unfolded in the Adelaide Magistrates Court in January and February 2024.

On Friday, the 48-year-old was found guilty of murdering Stephen Murphy, inside his cannabis shed, in February 2023.

However, at a hearing on January 16, 2024, Yandle faced court following the broking of a plea bargain, by his then-counsel, with the Office of the Director of Public Prosecutions.

At that time, his son Marco was jointly charged with the murder, and each of the men were represented by separate lawyers.

Keith Russell Yandle.
Keith Russell Yandle.
Marco Yandle. Picture: NewsWire / Roy VanDerVegt
Marco Yandle. Picture: NewsWire / Roy VanDerVegt

Marco, prosecutors had alleged, had been armed with a baseball bat and was shining a torch on Mr Murphy during the “cold-blooded execution”.

Under the terms of the bargain, Yandle would plead guilty to murder and, in exchange, Marco’s case would be downgraded to the lesser charge of assisting an offender.

Five minutes before the hearing, Yandle demanded to speak privately with his lawyer – who then entered court, apologised, and asked the hearing be postponed.

Marco’s lawyer interjected, informed the court that a deal had been struck and asked his client’s plea be taken immediately.

Prosecutors did not object, despite Yandle’s plea not having been entered as per the terms of the bargain.

Marco pleaded guilty to assisting an offender – the murder charge was, in exchange, dropped by prosecutors.

He was remanded for sentencing, while Yandle’s case was postponed until February 15, 2024.

At that hearing, Yandle was represented by new counsel – his previous lawyer had stepped down, unable to act for him because he had rejected the previously-approved deal.

Stephen Murphy has been remembered as a “beautiful dad” who would do anything for his two sons. Picture: Supplied
Stephen Murphy has been remembered as a “beautiful dad” who would do anything for his two sons. Picture: Supplied

On February 22, 2024, Yandle pleaded guilty to manslaughter, disposing of a human body and firearms offences, but not guilty to murder, and was ordered to stand trial.

Marco would subsequently receive a suspended sentence for assisting an offender – a penalty that drew community ire.

The length of that term was extended following an appeal by prosecutors.

Yandle had never denied shooting and killing Mr Murphy, who was sleeping rough in the area to be near his children, but insisted his crime was manslaughter, not murder.

When he pleaded guilty to that lesser offence, he also made SA legal history as the first person to plead guilty to the offence of hiding human remains.

Yandle had also pleaded guilty to possessing both a firearm and ammunition without a licence.

During his three-week trial, prosecutor Melissa Wilkinson had alleged the 48-year-old found Mr Murphy “cowering” in his cannabis shed.

“At gunpoint and for about 10 minutes, Mr Murphy surrendered to Yandle (who) stood over him as he cowered on his knees with his head down … he was unarmed and compliant,” she said.

“Nevertheless, Yandle shot him four times with the rifle at close range … (the first) shot travelled through his heart … he shot him again as he was on the ground, including once in his back.

“Mr Murphy was writhing on the ground as Yandle watched over him … he checked the body and stepped on Mr Murphy’s hands, there was no response.”

Major Crime detectives enter Keith Yandle’s cannabis shed during his trial. Picture: Tim Joy
Major Crime detectives enter Keith Yandle’s cannabis shed during his trial. Picture: Tim Joy

Jurors saw Yandle’s own CCTV footage of the incident, held his rifle – equipped with a laser pointer, scope and torch – and toured the shed during the trial.

They heard evidence from Mr Murphy’s family and Yandle’s brother, who compared the death-scream to the 1987 film Robocop.

Yandle elected not to take the stand and give evidence in his own defence.

In his closing address, defence barrister Bill Boucaut KC said Yandle’s guilty plea to manslaughter showed his “acceptance” that his actions were “over the top”.

He conceded shooting an unarmed man four times, then burying his body to “cover your tracks”, was “distasteful” and “simply reprehensible”.

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However, he insisted that did not make his client a murderer – instead, he was a man in a “heightened, stressful state” armed “to defend himself, were the need to arise”.

“(He saw) the person who he had bailed up suddenly start coming toward him … he may well have acted instinctively,” he said.

“Might he have been feeling ‘what’s this bloke going to do’ or ‘why does he have his arms folded, is he hiding something’?”

Mr Boucaut said the footage portrayed a “compliant situation”, but a “sad fact” was Mr Murphy “had been taking methylamphetamine”, as shown by a post-mortem examination.

People who use the drug, he said, “become more erratic” and “unpredictable” which may have made for “a very volatile situation”.

After three hours’ deliberation over two days, jurors rejected Mr Boucaut’s argument.

Justice Anne Bampton remanded Yandle in custody for a directions hearing next month.

Original URL: https://www.adelaidenow.com.au/truecrimeaustralia/police-courts-sa/how-kudla-murderer-keith-russell-yandle-secured-a-lesser-charge-for-his-son-then-backtracked-on-the-deal/news-story/866c8028209be15155b77030f2b149e4