Jessie Miller: Teen leaves neighbour ‘gagging on his own blood’ in fishing trip tragedy

A man was left “gagging on his own blood” and unable to scream for help after his teenage neighbour beat him repeatedly to the head and face with a tyre iron, a court has heard.

A fishing trip turned to tragedy when a teenager struck his neighbour to the head and face repeatedly, leaving him “gagging on his own blood” and shuffling to a nearby road in search of help, a court has heard.

Jessie Andrew Miller, 21, of Marsden stood in a dock at Beenleigh District Court on Friday, August 5 having pleaded guilty to one count each of grievous bodily harm, dangerous operation of a vehicle, unlawful use of a motor vehicle, and driving without a licence.

Crown prosecutor Michael Gawrych relayed the grisly details of the events which transpired on October 3, 2018 – when Miller was 18 years old and his neighbour and victim, a Mr Kuss, was 41.

The court heard Miller had been invited by Mr Kuss on a night-time fishing expedition, to which he agreed, and the pair ventured out at some time between 6pm and 8pm

Miller drank four cans of Woodstock bourbon as Mr Kuss drove them to a place called the ‘rock wall fishing area’ some 20 minutes away.

The pair arrived at the location and Mr Kuss began preparing the fishing rods, working on them for about an hour.

While bent over preparing one of the rods, the court heard Miller struck him in the back of the head with a tyre iron. Mr Kuss looked up and was struck another four times, falling unconscious for a brief time.

When he regained consciousness, Miller was still striking him to the head with the tyre iron. Mr Kuss attempted to protect himself with his right arm but was struck again.

He passed out again, waking to find both his car and Miller were missing.

The court heard he was “covered in blood” and his head felt “numb” and like it had been “crushed”.

He shuffled along the ground to a nearby road and attempted to gain the attention of a driver, unable to scream as he was short of breath and “gagging on his own blood”.

The driver of a passing car noticed Mr Kuss and called emergency services. The 41-year-old was taken to hospital.

At about 11.40pm, an Alberton resident heard a large “crunching” sound at the top of the street and saw Mr Kuss’ car, being driven by Miller, “spinning” along the road onto the grass.

Miller drove straight into a tree and was approached by the resident who called emergency services.

The court heard Miller said “I’ve stuffed up, I’m not going to take it anymore”. He told the witness that the person who owned the car he was driving had tried to “touch (him) up” so he “smashed him”.

He had a blood alcohol reading of 0.123 per cent at the time.

Mr Gawrych said the prosecution did not accept Mr Kuss had made any sexual advance toward him and Miller’s behaviour was “grossly and dangerously excessive and disproportionate”.

Mr Kuss sustained a number of serious injuries in the assault including a fractured arm and nose, a 7cm laceration to his forehead, and a 3cm laceration beneath his right eye.

He was in hospital for two days and had to undergo surgery; plates and screws were inserted into his nose.

Defence barrister Nathan Edridge said his client’s behaviour was a “traumatic reaction” to something that happened and was perhaps related to his PTSD.

He noted Miller did not cause his victim any permanent physical injuries.

The court heard he had a poor start to life and associated with peers who were largely criminal in nature, also engaging in ice, MDMA, magic mushrooms, and heroin use.

Judge Craig Chowdhury told Miller he could still turn his life around as “you’re the master of your destiny”.

He advised the young man to stay away from illegal drugs and the people who use them before sentencing him to five years’ imprisonment to be suspended after serving 16 months for an operational period of five years.

He declared the 294 days Miller had spent in presentence custody time served under the sentence.

Miller was also sentenced to three years’ probation and disqualified from holding or obtaining a driver’s licence for 12 months. Convictions were recorded for causing grievous bodily harm and dangerously operating a vehicle.