Daniel Sroba, Thomas Eustice: Trainee plumber and salesman sentenced for part in late night McDonald’s brawl
Two housemates arrested after a “serious” public brawl at McDonald’s told police they acted in self defence, with one arguing the “c**t hit me first”. Read the chaotic affair.
Wentworth Courier
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Two housemates from North Sydney faced court after they chose to fight a group of youths threatening patrons at Bondi Beach McDonald’s with a metal pole, a court has heard.
Thomas Eustice, 37, and Daniel Sroba, 34, were sentenced for a drunken affray at Waverley Local Court on Wednesday. Both men entered guilty pleas on an earlier occasion.
According to documents tendered to court, about 6.15pm on December 16, Eustice, Sroba and three other men ordered food and sat down at Bondi Beach McDonald’s at Campbell Pde.
A few minutes later, a group of men came into the restaurant – including one carrying a metre-long black pole and a six-pack of ciders.
Minutes later, in footage captured on the restaurant’s CCTV, the men began taking turns spinning and pointing the pole at the seated group.
The incident descended into violence with Sroba pushing a man and Eustice punching one of the men in the head, the facts state. Both men were also pushed and threatened from the group of men with the pole.
Police arrested Sroba and Eustice, with the facts stating their group told police they acted in “self defence”.
The facts state Sroba told police; “they said they were going to shoot us” and suggested death threats had been made toward his group, while Eustice told police; “the c**t hit me first”.
Sroba and Eustice’s lawyer William Martyr told the court he accepted his clients should have simply left the scene when challenged by the other group of men.
“The gentlemen should have left and that would have been the end of the matter,” Mr Martyr said.
The police prosecutor described the charges laid against the two men as a “serious offence” and “not a matter that could be considered for a non conviction”.
“This was a situation where … you’ve got a young person with a pole,” the police prosecutor told the court. “And you go and engage with the guy with a pole and a six pack [of cider]?”
The facts state Eustice worked in sales and Sroba was currently training to become a plumber.
Magistrate Jacqueline Milledge said regardless of the actions of the other men at the McDonalds that night, Eustice and Sroba contributed to the violent incident.
“I don’t know what got into you,” Magistrate Milledge said.
She said from what she had seen of the CCTV footage the other participants in the public disturbance looked much younger than the two men before the court.
“They looked like kids and you looked like adults. And you engaged with them,” Ms Milledge said. “The community should not have to deal with these sorts of things,” she said.
Magistrate Milledge convicted Sroba and Eustice and sentenced them each to an 18-month conditional release order.
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