Richard Alan Harvey sentenced for Walkerston shooting, attempted carjacking

After downing 20 beers, a Queensland father of four shot a man amid an attempted carjacking. Now his victim has spoken out.

The victim of a Walkerston pub shooting has labelled the court outcome “absolutely disgusting” with the gunman able to make a bid for freedom in fewer than 12 months.

Nicholas Amos was shot through the stomach when he intervened as an extremely drunk Richard Alan Harvey tried to steal another man’s car at O’Shea’s Hotel Motel.

The dramatic incident occurred about 7.30pm on September 4, 2021 outside the venue’s drive-through bottle shop – Harvey was armed with a pistol and a knife.

Mackay District Court heard onlookers restrained the father, who suffered a broken nose and fractured eye-socket in the struggle, until police arrived.

Richard Alan Harvey pleaded guilty to attempted armed robbery, assault occasioning bodily harm while armed and possession of a knife in a public place. Picture: Contributed

Harvey pleaded guilty to assault occasioning bodily harm while armed, attempted robbery and possessing a knife in public, and was jailed for seven years but will be able to make a freedom bid next year.

Mr Amos, who was not present in court for the sentence, said after he was “shocked with the outcome”.

“He could possibly walk in about 12 months,” Mr Amos, 35, said.

“I’m pretty upset and pretty bitter.”

Mr Amos had been sitting in the main bar at O’Shea’s when he heard loud bangs, yelling and screaming and ran outside to help.

Two men – Harvey and carjacking victim Warren Porter – were wrestling on the ground and when he tried to pull them apart Mr Amos suffered a gunshot wound that went right through his stomach.

“I didn’t know I got shot,” Mr Amos recalled.

“Next thing I felt the pain … like I had a fire inside my stomach.”

Nicholas Amos shows his gunshot wounds at O'Shea's Hotel Walkerston less than 48 hours after he was shot in an alleged carjacking gone wrong. Picture: Lillian Watkins

Judge John Coker referred to the “staggering amount of alcohol” Harvey had consumed before the attempted carjacking of Mr Porter’s vehicle.

“The possible consequences could have been even more serious than they are,” Judge Coker said, but he accepted the unintended shooting occurred in the court of a scuffle.

The court heard Mr Porter had originally thought Harvey was kidding.

“He initially thought it was some sort of joke or prank and told you in no uncertain terms to ‘f--k off”,” Judge Coker said.

Nicholas Amos in Mackay Base Hospital after heroically intervening in a carjacking gone wrong outside Walkerston's O'Shea's pub on September 4, 2021. Picture: Lillian Watkins

In a victim impact statement Mr Amos wrote he had lost money as he recovered from the gunshot wound and suffered sleep problems as “every little noise wakes him”.

“He is not able to handle loud bangs or noises,” Judge Coker said.

“When he realises that all he tried to do was the right thing to help a fellow citizen, (he feels) he’s got the worst side of the deal.

“It will be experienced by him for the rest of his life.”

Richard Alan Harvey has been jailed for seven years over a Walkerston pub shooting and attempted car jacking. Picture: Facebook

Mr Amos later told this publication the incident had impacted him financially, his work and his family.

“I hope in the long run he’s learned from his mistake and doesn’t do it again,” Mr Amos said.

Mr Amos’ elderly parents were present in court to witness the sentencing of their son’s shooter.

CARJACKING VICTIM’S INCREDIBLE GESTURE OF FORGIVENESS

In a victim impact state read to the court Mr Porter included an expression of forgiveness.

“Having a gun pointed at me was traumatic for me”, Mr Porter’s statement read.

“I am a father of four children (who) were shaken.

“I forgive Richard for what happened.

“I do hope his partner and children don’t suffer too much because of his actions.”

Judge Coker said the “incredibly gracious statement” from “someone who could be understandably vengeful” was something he didn’t “see terribly often”.

The heartfelt character reference from Harvey’s brother mentioned how much help he was to his family and that “maybe we've put too much pressure on him and that’s why he broke”.

Harvey was seen wiping away tears as details were read out.

Judge Coker jailed him for seven years with parole eligibility after two years.

Because he had already spent 425 days in pre-sentence custody, declared as time already served, Harvey will be able to apply for parole on September 3, 2023.