Killarney Vale builder Daniel James Grace charged with firing nail gun into Bateau Bay house
A chippy allegedly threatened to “kneecap” someone before turning up in his ute and firing a nail gun into their home with four people inside, a court has heard.
NSW
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A tradie accused of threatening to put a bullet through someone’s knee cap allegedly used “the next best thing” by firing his nail gun into a home, a court has heard.
Daniel James Grace, 41, of Killarney Vale, appeared in Wyong Local Court on Monday after being arrested at the weekend and charged with intimidation, firing an offensive weapon into a house and driving while disqualified.
Mr Grace’s solicitor applied for bail, telling the court his client was pleading not guilty and would be vigorously defending the allegations.
He said strict bail conditions could be adhered to and Mr Grace needed to be at liberty because he was a single father of two young children.
He said Mr Grace was a builder of 25 years’ experience who was currently the foreman on a site where several houses were being built.
He said the project would almost certainly come to a grinding halt if his client remained in custody.
The police prosecutor opposed bail, telling the court Mr Grace was on bail for separate, unrelated matters at the time of the alleged offence and it was a strong prosecution case.
She said he sent threatening text messages and while he didn’t fire a bullet he “used the next best thing” and allegedly fired his nail gun into a house at Bateau Bay where four witnesses allegedly saw him pull up in his ute.
Magistrate Justin Peach refused bail, finding Mr Grace was too high a risk of committing further offences given he was on bail at the time.
He said Mr Grace sent text messages that he would “be there” and he was coming around “to put a f. king bullet through your knee cap”.
Mr Peach said four witnesses allegedly saw him take out a toolbox, remove an orange box and get out a nail gun, which he fired into the premises.
Mr Peach said the police facts allege one of the nails was recovered and it had a pink head where it joined the other nails in the cartridge.
He said when police attended Mr Grace’s house they found the toolbox as described in his ute, along with the orange box and inside that was a nail gun with a cartridge of nails with pink heads.
“In my view it’s a strong prosecution case,” Mr Peach said.
“In my view if Mr Grace was to be found or plead guilty to these offences this type of behaviour is to be strongly deterred and could result in a full time custodial sentence.”
Mr Grace was remanded in custody until Wednesday, March 19, when he again faced Wyong Local Court so the nail gun allegation could be mentioned at the same time as his previous affray matter.
His Legal Aid solicitor confirmed pleas of not guilty to both sets of matters and Mr Grace was listed for mention over the affray charge on April 30 and set down for a hearing in relation to the nail gun charges on June 19.
He did not apply for bail.
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Originally published as Killarney Vale builder Daniel James Grace charged with firing nail gun into Bateau Bay house