Elijah Cage, Max Lowcock jailed for murder of David King at Salt Ash in 2021
Two men have been sentenced over the murder of a Port Stephens ice dealer shot at close range during a “feigned drug transaction” – but mystery remains over who pulled the trigger.
Newcastle
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A Supreme Court judge has been unable to determine who pulled the trigger in a “feigned drug transaction” which saw a Port Stephens ice dealer brutally shot in the face at close range.
Following a six week trial in the NSW Supreme Court in February, Elijah Cage and Max Vincent Lowcock were found guilty of murdering 45-year-old David King on August 29, 2021 while behind the wheel of a Ford ute in Hideaway Dr in Salt Ash.
A third man, Tyson Stamp, was acquitted of murder but pleaded guilty along with Cage to destroying property by fire for setting a Hyundai Santa Fe alight at Heatherbrae following the shooting after the court heard he was the getaway driver.
The court heard it was a “drug rip gone wrong” when a sawn-off shotgun was brought to Cecilia Cl with a plan to rob Mr King and steal money and drugs from him.
In the Supreme Court on Friday Justice Dina Yehia said despite the Crown Prosecutor’s case that it was Lowcock who was the shooter, it was a case where she was unable to make a finding on the shooter’s identity and labelled it a “joint criminal enterprise”.
She also told the court she was not satisfied Cage formulated a plan to rob Mr King two weeks prior, but rather that he only became the target on the morning in question.
Justice Yehia described it as a “relatively unsophisticated” plan instigated by Cage just hours before it was executed.
The court heard it was also Cage who brought the firearm to the scene and made the arrangements, making his role more serious than that of Lowcock.
Justice Yehia also found it was Cage who persistently asked Stamp to get rid of the Santa Fe, while Stamp was motivated by “misguided loyalty” to Cage and did not intend to destroy evidence.
Cage was jailed for 21 years and six months, with a non-parole period of 14 years and six months.
He will be eligible for release in August 2037.
Lowcock was jailed for 20 years with a non-parole period of 13 years and three months, and will first be eligible for release in June 2036.
Justice Yehia said Stamp had already been “adequately punished” and he was convicted but with no further penalty after spending a substantial period in custody on remand.
The judge detailed how a woman who would arrange methamphetamine transactions for Mr King and knew Cage and Lowcock allegedly facilitated the drug deal on the day of the shooting.
It was heard Cage spoke to the woman about wanting to buy half an ounce of meth from Mr King and she had acted as a go-between for all men to meet at the Cecilia Cl address at about 1pm that day.
Cage and Mr King negotiated about the price of the drugs, with an agreement made to pay about $5000, but that Cage wanted to try them first.
The group then drove around the corner to Hideaway Dr, but it all went wrong when Mr King was fatally shot as he attempted to drive off after being robbed.
The court heard Mr King was swerving and knocking over letter boxes before his car crashed into a tree as he slumped over the wheel.
He died at the scene despite the assistance of residents and emergency services.