Court ruling means no one will be held accountable for Adrian Pacione’s death

The four men charged with murdering 20-year-old Adrian Pacione at a house in Melbourne’s north have all walked free from court, leaving Mr Pacione’s family devastated.

Adam Tiba leaves the Melbourne Supreme Court on Thursday. Picture: Aaron Francis

The mistaken identity shooting of an innocent young man remains unsolved after the last of four men charged over a revenge plot walked free from court.

Adrian Pacione, 20, was watching Gran Torino in his friend’s Lalor home in July 2020 when a group of men, including Adam Tiba, stormed the property seeking revenge over a failed drug deal in which he and a co-offender were stabbed.

The group were blocked from entering the Ella Court home before four shots were fired through a window, fatally striking Mr Pacione in the head.

Tiba, 25, alongside Abdullah Hammoud, 25, and Tahmid Rahman, 22, were charged with murder but it was dropped because police could not prove who fired the fatal shot or if the other two knew the gunman was carrying a handgun.

Adrian Pacione, 20, was shot dead inside his mate's Lalor home in 2020.

Adam Tiba was among the group of men who stormed the property where Mr Pacione was shot. Picture: Aaron Francis

Instead Tiba pleaded guilty to a lesser charge of aggravated burglary and on Thursday, he walked from the Supreme Court a free man after he was sentenced to 435 days time served and a one-year community correction order.

“Although the death of Mr Pacione was a direct consequence of the illegal trespassing on the premises ... I do not sentence you on the basis that you either knew about the presence of the firearm or that you were, in any way, complicit in its discharge,” Justice John Dixon said.

“It might have been you, but I cannot and do not proceed on that basis.”

Tiba was the last of the group to be sentenced, meaning no one will be held accountable for Mr Pacione’s death.

The young tradesman’s family was devastated to learn that prosecutors had dropped the murder charge, and were handed a further blow on Tuesday when Justice Dixon ruled their victim impact statements were inadmissable.

The judge found their statements, which detailed their grief over his killing, were not relevant given they did not relate to the aggravated burglary charge.

Hammoud was jailed for three years and Rahman for 212 days for their involvement.

A fourth man who was not present, Ammair Fahal, 23, was also jailed for six months.