Montel Thomas Lawton, 22, is accused of a burglary where a shot was allegedly fired into a bedroom window in Brazil Street, Norman Gardens

A man accused of involvement in a break-in where shots were allegedly fired into a Norman Gardens, Rockhampton home has been arrested and charged. Here’s what happened in court.

Montel Thomas Lawton.

A man accused of being involved in a break-in where a shot was allegedly fired at a house claims the forensic evidence linking him to the scene was left there by him two days prior.

The alleged burglary was at one of two houses police confirmed to have been shot at in the Rockhampton area in the past week.

Montel Thomas Lawton, 22, has been charged with one count each of burglary and commit indictable offence or an alternative charge of receiving tainted property, enter dwelling and unlawful use of a motor vehicle.

During a bail application in Rockhampton Magistrates Court on March 23, defence lawyer Brendan Gimbert told the court the fingerprint police located on the screen door from the alleged burglary offence on March 16 could have come from Mr Lawton’s visit to that residence two days prior.

“My client instructs he knows one of the residents of that house,” he said.

“He was there some two days beforehand and that might have perhaps explain why his fingerprint is there.

“There’s no fingerprints of my client in the house.

“When he was arrested, no property from that house was recovered.”

Montel Thomas Lawton, 22, has been arrested and charged over an incident in Norman Gardens.

However, Magistrate Cameron Press said it was alleged the offenders took the security screen door off its hinges to gain access to the Brazil Street residence in Norman Gardens.

He said the fingerprint evidence police located on the door was at the top edge of the door, which would be consistent with being placed there when the door was taken off the hinges.

Mr Press said it was further alleged that after taking the door off its hinges, the two men entered the house and searched it before a witness heard one of the men say “go get the gun”.

He said it was alleged Mr Lawton left the dwelling with the victim’s phone, cigarettes and cash.

Mr Gimbert said the female witness did not identify his client as being the person who said “go get the gun”.

Mr Press said police also alleged the co-offender ran back to the vehicle, retrieved the firearm from the boot and shot it once through a bedroom window.

The two men drove off in an unknown direction.

Mr Gimbert said the burglary on March 16 and the unlawful use of motor vehicle were to be contested with briefs of evidence ordered.

“He was in possession of a car key,” he said.

“He has instructed that he was given that car key by someone he has known previously … he foolishly took that key.”

The car was found 100 metres from where Mr Lawton was arrested.

Mr Gimbert said given some of the alleged offences took place about 6pm, Mr Lawton was willing to comply with a curfew bail condition.

He said Mr Lawton wanted to be bailed to live with his father, aunt and uncle in Gladstone so he could continue caring for his three-year-old son and working at CQ Paints.

Police prosecutor Senior Constable Peter Rumford said police had been looking for Mr Lawton since March 16 and it took a week for police to locate him.

“People who aren’t guilty of an offence don’t essentially go underground and hide,” he said.

Senior Constable Rumford said Mr Lawton had accumulated a substantial criminal history for violent offences.

He said Mr Lawton had recently served five months in prison and he was on a suspended sentence for violence where he stomped on someone’s head.

Mr Lawton, who asked permission to speak, told the court he had not had a phone for some time and that was why police took a week to find him.

Mr Press Read out Mr Lawton’s criminal record, stating it was “worrying” and started with violent offending in 2018 and convictions for drugs, including an aggravated possession for which he was sentenced to 12 months prison with immediate parole in the Supreme Court in August 2020.

“I do not have confidence any conditions that this court imposes could adequately manage the risk that this defendant poses of committing further offences,” he said.

Mr Press refused to grant Mr Lawton bail, remanded him in custody and ordered briefs of evidence.

He adjourned Mr Lawton’s matters until June 1.