Penrith McDonald’s brawl: Man fights affray charge

A man charged in relation to a violent brawl outside a Penrith McDonald’s last year has told a court he was in “innocent no-man’s land”.

Dean Hooper, 23, is fighting an affray charge relating to a brawl out the front of a Penrith McDonald's last year. Picture: Facebook.

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The lawyer for a man linked to a violent brawl at a Penrith McDonald’s last year said his client partook in “foolish conduct” but had no intent to be violent.

Dean Hooper, 23, of Glenmore Park, faced Magistrate Geoffrey Hiatt for a two-day hearing after pleading not guilty to a charge of affray last year.

Police allege Hooper threatened unlawful violence during the violent brawl outside the Panthers McDonald’s in February last year that left victim Shannon Rushworth with serious head injuries.

Another victim, Tyson Gampe, also suffered facial injuries.

Brothers Mitchell and Wendell Milgate were sentenced to jail sentences last year for their part in the brawl, while two other co-accused, Byron Donovan and Wendell Milgate, will learn their sentences later this year.

Police at the scene of a brawl in McDonald’s last February that left victim Shannon Rushworth with serious head injuries. Dean Hooper is fighting an affray charge in relation to the incident.

The prosecutor showed the court CCTV footage of the ramp and carpark of the McDonald’s restaurant on the night of the offence.

Mr Gampe told Magistrate Hiatt he and Rushworth were confronted by “four to eight” men on the night of the brawl.

He didn’t recall Mr Rushworth escalating the incident or any racially-charged statements during the brawl.

A witness who filmed a short video of the fight from a parked car said she felt “scared” during the brawl.

“I felt guilty because I couldn’t do anything about it,” she said.

Another witness said he was “in shock” during the incident.

The carpark where two victims were set upon by a group of men in February last year. Dean Hooper is fighting an affray charge in relation to the incident.

“I didn’t know what to do,” he said. “I felt helpless.”

Hooper’s lawyer didn’t deny the seriousness of the incident, but said his client was in “innocent no-man’s land”.

He said there was no evidence of hostility from Hooper and no evidence he was co-ordinating any of the violence verbally.

“There’s no indication that he’s egging them on or engaging verbally,” he said.

“There’s no gesturing directed at my client, and he’s not involved in any violent exchange.

“He’s sauntering around with one hand in his pocket, which is perhaps foolish conduct, but not consistent with any intent of violence.

“The wrongdoers are being dealt with, but my client is not one of them.”

Magistrate Hiatt adjourned his judgment to March 17.