‘Rot in prison’: Kudla shed victim’s family vent rage at teen who covered up shooting
Steven Murphy’s family has vented their rage at the young man who covered up his killing – but his lawyer says the time he’s already served is enough of a penalty.
Police & Courts
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Having watched his father shoot and kill a defenceless man who was sleeping rough in their shed, and taken no action to intervene, Marco Yandle had to make a choice.
The Trinity College graduate and engineering student could have walked just two properties down the road at Kudla, north of Gawler, and told Steven Murphy’s panicked family what had happened to their missing patriarch.
Instead, he prioritised his own father, his own tight-knit family, and their peace of mind over that of the grieving family – and covered up the crime by lying to police and hiding Mr Murphy’s phone and lighter.
On Friday, in an emotionally-charged Supreme Court hearing, Marco sat tearfully in the dock as Mr Murphy’s family vented their rage and disgust at his cowardice.
Mr Murphy’s partner, Danielle Rogers, and sons William and Logan said they were forever “shattered” by “four shots” Marco could have prevented, but chose instead to stand by and watch.
“You were the only person in that shed who could have said something to your father, reasoned with him,” Ms Rogers said in her victim impact statement.
“Maybe after the first shot you could have been the bigger man and smacked the gun out of his hand (or) you could have made a call for help.
“You could have walked around the corner, a few houses down, and told me what your father had done … but you were a scared, weak little boy.
“We get our whole lives turned into a nightmare, Steve gets put in a hole and what do you get? A shorter sentence?
“You are pathetic … I hope you rot in prison, you piece of s**t … do the crime, do the time.”
Marco, 20, pleaded guilty to assisting in Mr Murphy’s alleged murder, following the innocent man’s death in April 2023.
He admitted that, between February 18 and April 23 last year, he “secreted items belonging to” Mr Murphy “knowing or believing” his father, Keith, “had committed an offence, namely murder”.
He further admitted doing so “with the intention of assisting” Keith “to escape apprehension”.
As a result, prosecutors withdrew the murder charge originally filed against Marco.
Keith, 46, pleaded not guilty to murder but guilty to the lesser offence of manslaughter.
Keith also denied firearms and drugs charges, but made SA legal history as the first person to plead guilty to the new offence of hiding human remains.
His manslaughter plea was not accepted by prosecutors, and he is due to stand trial in February 2025.
Previously, prosecutors alleged CCTV footage of the incident showed Marco armed with a baseball bat, and Keith with a firearm, as they entered the shed – situated 60m from their house.
They said Mr Murphy – who had been sleeping rough in the area to be near his children – was forced at gunpoint to stand up and empty his pockets of all his possessions.
Keith, they said, fired two shots at him from a distance of less than two metres while Marco shone a torch.
On Friday, Mr Murphy’s mother said Marco’s role in the crime was unforgivable.
“You stood there with your torch over my son and did nothing … whether you said anything before (the shooting) we don’t know, but you certainly didn’t say anything afterwards,” she said.
From the dock, Marco apologised to Mr Murphy’s family and to his own for “letting them down”.
“The decision I made was shameful, reckless and weak … I chose my father over the law, and I completely understand I must face the consequences of that choice,” he said.
“Even if I’m never forgiven, I will forever extend my apologies to the family of the deceased … what I did was wrong.”
Stephen Ey, for Marco, stressed his client could not be sentenced for any actions taken – or not taken – in the shed.
He said he could only be sentenced for lying to police and hiding Mr Murphy’s possessions and, given he and Keith had still been arrested, doing so poorly.
That, he said, combined with Marco’s youth and good prospects for rehabilitation, warranted a sentence far less than the 10-year maximum.
He asked Marco be sentenced to time already served, or any further penalty be suspended or served on home detention.
“Marco was in a compromised psychological state at the time … he was completely overwhelmed by the situation and overborne, psychologically, by his father,” he said.
“He was in denial about the events that occurred and also felt disgust in respect of his father, but was reluctant to betray the person who raised him.
“He found himself in an untenable position … he chose to protect his father and the tight-knit and stable home life his family enjoyed.”
Mr Ey said the circumstances of the case were “so unique” that “no other person” had or would ever again face that “pressure”, making the risk of reoffending very low.
Isabelle Kimber, prosecuting, said she did not agree with Mr Ey’s views on the appropriate penalty.
She said there was no evidence to suggest Marco lied because he was coerced to or threatened by Keith, meaning the choice was his and his alone.
“He told police he had never come across Mr Murphy, that he had no knowledge of a firearm being in their home, and denied knowing about gunshots,” she said.
“He said there were ‘a lot of panel beaters’ in the area and ‘it might have been cars backfiring’.
“We are against a suspended sentence or home detention, say this warrants a sentence of imprisonment, and do not concede that time in custody is satisfactory.”
Justice Judy Hughes agreed to order a home detention inquiry report, but said it should not be seen as any indication of her attitude toward sentence.
She remanded Marco in custody for sentencing in two weeks’ time.