Kingaroy man Damian James Jurgensen, 25, sentenced after shooting younger brother in leg while “mucking around” with gun

The Kingaroy man hid the firearm in a bag and ran out of the house after firing a bullet into his sibling’s leg, a court has heard.

Damian James Jurgensen appeared in Kingaroy District Court.

A Kingaroy man has been released from jail after shooting his younger brother in the leg with an illegal rifle, leaving the 21-year-old with a fractured femur.

Damian James Jurgensen was sitting in a lounge room with his brother and two others when he pulled out a .22 calibre rifle, which he’d obtained illegally, and began “mucking around with it”, Crown prosecutor James Bishop said.

The 25-year-old had the rifle in hand when it fired at about 3am on November 11, 2020, sending a bullet flying into his brother’s right thigh lodging several bullet fragments in his bone and tissue.

While another person called emergency services, Jurgensen put the rifle in a bag and ran out of the house, returning the following morning to hide it in the arm of the couch.

When police attended the property later that morning they found the hidden rifle, as well as four loaded rounds of 22 caliber ammunition in the bathroom.

Mr Bishop said Jurgensen’s actions that day were “criminally negligent”, since he failed to take adequate care when handling the rifle.

“His actions following the offence demonstrate more concern with concealing the offence from police than the welfare of his brother,” he said.

Defence lawyer James Benjamin said his client’s brother accepted the shooting was an accident, and there had been no falling out between the two men.

Mr Benjamin said Jurgensen had a tough upbringing that led him to problems with drugs, and said he also had bipolar disorder, which he was not medicated for at the time of the shooting.

Jurgensen, who appeared in Kingaroy Magistrates Court via videolink from jail, pleaded guilty to wounding, possessing a weapon, receiving tainted property and possessing explosives.

He was sentenced to 18 months’ jail, which was wholly suspended immediately. A total of 187 days of presentence custody was declared as time served.