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Gunshot victim Daniel Baumgart speaks as brother James Baumgart sentenced for drugs

High-profile criminal brothers have been pictured outside a Qld court – one adding to his 19-page rap sheet and the other, who recently survived a gunshot wound to the head, showing up for moral support.

Gunshot survivor Daniel Baumgart outside Maryborough Supreme Court where he was supporting his brother James who was being sentenced for drug charges.
Gunshot survivor Daniel Baumgart outside Maryborough Supreme Court where he was supporting his brother James who was being sentenced for drug charges.

A drug dealer who survived a gunshot to the head January has been seen in public, showing support for his brother who was being sentenced in Maryborough Supreme Court for serious drug charges.

Speaking outside court, Daniel Baumgart, who also previously survived a near-fatal stroke and together with his brother once faced murder charges which were later dropped, joked his life “should be made into a Netflix series”

It comes after Daniel’s brother, James Samuel Baumgart, 40, pleaded guilty this month to two counts of possessing dangerous drugs in excess of two grams, one count of possessing dangerous drugs.

The court heard on March 1, 2024, James Baumgart had been found to be in possession of four to five grams of pure heroin, along with 6.1 grams of pure meth.

In addition, he was found to have 35 grams of cannabis along with restricted drugs, glass pipes, syringes cut down to a smaller size and scales.

The court also heard Baumgart had been before the District Court on seven different occasions and had 19 pages of criminal history.

James Samuel Baumgart outside Maryborough court.
James Samuel Baumgart outside Maryborough court.

He’d spent 387 days in presentence custody.

The court was also reminded about a former case where the Baumgart brothers were charged with the murder of Brisbane man Michael Hartley whose body was discovered in a ditch near Gympie on November 2, 2020.

On Friday, the court heard on November 1, 2020, Baumgart and his brother had been the target of an attempted robbery by two men, who they had “successfully repelled”.

In the course of the attempted robbery, James Baumgart had suffered a “somewhat serious” stab wound to his stomach and was hospitalised, the court heard.

The court was told the only evidence of an assault on the deceased by the defendants didn’t explain the seriousness of the injuries he had sustained.

The deceased had also been driven away from police by a fourth man and away from hospital assistance during the incident.

The court heard realistically the two should never have been charged.

James Baumgart had spent two years and eight months behind bars on remand before being released, the court was told.

The charges were dropped in 2023.

Justice Peter Davis sentenced Baumgart to time served and took the two years and eight months Baumgart had spent in custody for the murder charge into account.

Convictions were recorded.

Outside court, Daniel 43, who had been in the gallery for his brother’s sentencing said he was doing “okay” after recovering from his head injury, going on to make the Netflix joke.

Todd Gary Ashwood, 45, is charged with one count of attempted murder after the alleged altercation with Daniel on January 13.

The case was mentioned in court at the time before being adjourned for later mention.

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Original URL: https://www.couriermail.com.au/news/queensland/fraser-coast/police-courts/gunshot-victim-daniel-baumgart-speaks-as-brother-james-baumgart-sentenced-for-drugs/news-story/9473c54e0dcba645d1340e31ce24fe6b