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Matthews Spinks to spend 15 years in prison for Unanderra shooting of Nathan Costello

A fatal shooting in a suburban street was born out of revenge after a man was shot in a driveway on February 14 three years ago.

Australia's Court System

An Illawarra man will remain behind bars for at least 15 years after he was found guilty of the murder of his mate in a fatal Valentine’s Day shooting on a quiet suburban street.

Matthew Spinks, 37, was found guilty by a jury in the NSW Supreme Court in February, after he fired two shots at 33-year-old Nathan Costello, leaving him dead on a Unanderra street in the early hours of February 14, 2018.

Family and supporters of Mr Costello filled the NSW Supreme Court on Thursday, where Spinks appeared via AVL to face his sentence.

In handing down his sentence, Justice Peter Hamill described the murder as “planned and callous”, telling the court the tragic event had thrown the life of Mr Costello’s partner and children “into chaos”.

“A human life was taken away, murder is the most serious crime known to Australian Law,” he said.

“This is a serious case of murder, it was premeditated, planned and carried out in a public place.”

Spinks was arrested some months after the shooting, after initially lying to police about his involvement.

Nathan Costello was shot on February 14, 2018. Picture: Facebook
Nathan Costello was shot on February 14, 2018. Picture: Facebook

The jury came to a majority verdict around midday on February 19, after telling Justice Hamil they could not come to a unanimous decision. However, they returned to court with a majority verdict just 10-minutes later.

The key issue in the trial was not whether the shooting happened, but whether killing Mr Costello was intentional.

On the first day of trial, the jury heard Spinks had tried to plead guilty to manslaughter, however it was rejected by the Director of Public Prosecutions.

During the almost three-week trial, Crown prosecutor Dave Scully told the jury Mr Costello and Spinks were once friends, before they had a falling out.

Police on scene at Carr Parade, Unanderra, after the 2018 shooting. Picture: 9 News Illawarra
Police on scene at Carr Parade, Unanderra, after the 2018 shooting. Picture: 9 News Illawarra

Mr Scully told the jury that just nine days before Mr Costello was killed, he’d armed himself with a knife and approached Spinks at his Koonawarra home and threatened him, prompting Spinks to make several panicked calls to triple-0.

The court heard Mr Costello suffered shotgun pellet wounds to much of his body, including his face and neck, after Spinks allegedly shot him while he sat on a grass verge outside 3 Carr Parade just after 2am on February 14.

It was the Crown case Mr Costello was visiting a friend at Carr Parade, who was doing work to his car.

The jury found that as Mr Costello sat behind the car on the verge, Spinks approached in a black Mercedes SUV, firing two shots from a 12-gauge shotgun, one of which exploded through the back windows of the Holden, before hitting Mr Costello.

Nathan Costello’s car at the scene of the shooting. Picture: 9 News Illawarra
Nathan Costello’s car at the scene of the shooting. Picture: 9 News Illawarra

“The pellets from one shot hit the deceased in the neck, chest, face and shoulder and he died at the scene,” Mr Scully said during the trial.

“Between [Mr Costello] and the shotgun was his car, but the car provided no protection.”

The jury heard Mr Spinks then sped off, dumping the Mercedes in a nearby park and setting it alight, before taking off in a getaway vehicle he’d planted nearby.

Mr Costello’s father, Robert, told media outside court he has been left devastated by his son’s death. Picture: Lauren Ferri
Mr Costello’s father, Robert, told media outside court he has been left devastated by his son’s death. Picture: Lauren Ferri

On Thursday, the court heard Mr Costello’s father, Robert, has been “left in pieces”, telling media outside court he’s been heartbroken since his son’s loss.

“He was so loveable … after he got out of jail he came and lived with me and straightened himself up,” Robert said through tears.

Mr Costello’s partner was visibly emotional following the sentencing on Thursday. Picture: Lauren Ferri
Mr Costello’s partner was visibly emotional following the sentencing on Thursday. Picture: Lauren Ferri

Justice Hamill sentenced Spinks to a total sentence of 20 years and 10 months imprisonment with a non parole period of 15 years and seven months, acknowledging the murder was “serious”.

“It was premeditated, planned and carried out in a public place … it was not spontaneous,” he said.

The sentence was commenced when he was taken into custody in August 2018, meaning the 37-year-old will be eligible for parole on March 11, 2024.

When the sentence was handed down, multiple members of Mr Costello’s family flew into rage in court, with one telling Spinks to “rot in hell”.

Original URL: https://www.dailytelegraph.com.au/newslocal/illawarra-star/matthews-spinks-to-spend-15-years-in-prison-for-unanderra-shooting-of-nathan-costello/news-story/9a45ff8e6b1281a1df88b5351efb97df