Murder charges dropped over shooting death of innocent man Adrian Pacione

The family of an innocent man shot in a revenge plot gone wrong says the justice system has failed, with the likelihood no one will face justice over his death.

Adrian Pacione, 20, was shot dead inside his friend’s Lalor home in 2020. Picture: Supplied

The family of an innocent young man shot dead in a revenge plot gone wrong has slammed the state’s justice system for dropping murder charges against the initially accused triggerman.

Hardworking tradie Adrian Pacione, 20, was watching TV with a mate when a group of thugs burst into a Lalor home and opened fire, fatally wounding Pacione – an “innocent bystander” – in July 2020.

The Herald Sun can reveal Adam Tiba, 24, previously charged by police as the killer, has won an appeal to have his murder charge dropped.

He now faces only attempted armed robbery and aggravated burglary charges, with all other co-offenders already sentenced on charges unrelated to the deadly shooting.

The family of Mr Pacione is gutted by the backflip which, as it stands, means no one will be held accountable for his killing.

“We (are) very sad and disappointed (about) what’s happening with the case. No justice has been served,” his sister Emily Pacione said.

Justice Lex Lasry says it is a distinct possibility no one will face justice for killing Mr Pacione. Picture: Supplied

“My brother is not coming back. The justice system has failed us.”

She said her family is still grieving the death of her “happy, loving, protective” brother.

“We are dealing with what has occurred in our own way,” she said.

The murder charge was withdrawn by the Director of Public Prosecutions due to evidence inadequacies argued by Tiba’s defence team in a recent appeal.

In sentencing one of his co-accused, Judge Lex Lasry said it was now a realistic possibility no one will ever face justice for killing Mr Pacione.

“It may be that no-one will be accountable for that shooting,” Justice Lasry told a court.

A Victoria Police spokeswoman said: “In terms of any potential future charges, any new evidence about the case would be thoroughly assessed by investigators”.

Pacione was visiting the Ella Court, Lalor home of a friend who was mourning the death of his grandmother when violence broke out.

A group of men – Adam Tiba, Abdullah Hammoud and Tahmid Rahman – allegedly tried to force their way into the property and when they failed, several shots were fired, including one which hit Pacione in the head.

He died two days later in hospital.

The shooting was payback for a failed drug deal a month earlier where Tiba and Hammoud were stabbed while attempting to rob Pacione’s mate at gunpoint.

Investigators were quick to establish Pacione was not the intended target of the violence.

While still accused of murder, Tiba was bailed in September 2021 to support his family while his father battled Covid-19.

His co-accused Rahman is already free from prison, serving a 12-month Community Corrections Order, after 212 days behind bars on an aggravated burglary charge.

Hammoud is currently serving a three-year sentence on charges of attempted armed robbery and aggravated burglary.

A fourth offender, Ammair Fahal, who was not present at the shooting but surveyed the Lalor home before the fatal ambush, was sentenced in June to six months’ imprisonment.

A trial date for Tiba is yet to be set.