Gun-toting convicted drug user shot at a man at McDonalds

A medical diagnosis may have triggered this criminal’s mindset towards his criminal offending.

A notorious drug-using Rockhampton criminal has put a bid in to be released from prison earlier than the court ordered in May, all so he can go to a drug rehabilitation centre.

Hayden John Nitz, who has been the subject of many media stories over the years for his crimes including shooting at Indigenous people one Australia Day and being at the centre a 12-hour siege in Kawana, made the request through an appeal on his sentence which was handed down in Rockhampton Magistrates Court in May, 2021.

He was sentenced on May 18 after pleading guilty to 13 charges including possessing drugs, evading police and carrying a firearm in public.

Nitz, 32, exited a vehicle at McDonalds on September 7, 2020, after a fight between two men, and he was armed with a rifle.

He fired a shot in the direction of one of the men who was getting into a car, missing both the man and the car.

Police located Nitz and the loaded firearm at a petrol station on September 9, 2020.

He also possessed methamphetamines, a pipe and an uncapped needle.

He told police he intended to commit suicide.

Days earlier, police had tried to intercept Nitz driving after he left a North Rockhampton house.

Police had cordoned off the area around the house, but Nitz sped away and the pursuit was terminated.

He again evaded police on the following two days in the same car, firstly on the Fitzroy River Bridge at 7.30am on September 5 and then on Canning Street at 3.30pm that day.

Nitz received a head sentence of nine-months prison with parole eligibility set for July 18, 2021.

He had been on parole for a nine-year and 11 day sentence and released on parole on April 22, 2020.

District Court Judge Jeff Clarke heard the appeal application.

In the decision handed down on September 24, Judge Clarke wrote Nitz represented himself and filed the appeal with the grounds being “medical grounds, acceptance to rehabilitation centre.”

A letter tendered with the appeal stated Nitz was “not challenging the sentencing or conviction. I am solely requesting release to a rehab centre”.

The appeal decision also stated Nitz claimed he had been diagnosed with chronic viral hepatitis C – spread by blood -with treatment commencing on February 1, 2021.

This diagnosis followed an original differential diagnosis of atomoxetine drug induced liver injury at the Liver Clinic, Royal Brisbane and Women’s Hospital.

Nitz’s “considerable” criminal record included convictions for drugs, weapons and violence offences since 2005.

He had been sent to actual time in custody seven times and returned to custody three times for reoffending.

It also included a six-year prison term for trafficking drugs and other related offending from May 2015, along with a two-year prison term for two choking charges on November 21, 2019.

This meant any release on parole would have to be approved by the parole board, regardless if the May 2020 Magistrates Court sentence was partially or wholly suspended as the reoffending convictions automatically cancelled his parole.

Judge Clarke stated: “I am cognisant of the difficulties the appellant is encountering in having the Parole Board consider his safe release into the community, in receiving and accessing appropriate health care and I have considered his willingness to engage in treatment for his drug abuse problem.

“The appellant confirmed on the hearing of the appeal his parole eligibility date has now passed and the Parole Board may not hear his application (lodged 16 June 2021) for some time.

“Notwithstanding the new evidence, I am satisfied it was appropriate to order a new parole eligibility date. Supervision is clearly warranted.”

The appeal was dismissed.