Joel Henderson enters into a plea
A 42-YEAR-OLD man who killed a 14-year-old boy with an axe was a “simpleton” who just “lost his temper”, a court has heard.
“DIE, c***, die” were some of the last words Timothy “Timmy” O’Brien would ever hear.
He was a 14-year-old boy with autism who shared very close bond with his stepdad Peter Williams.
But on the morning of January 5 2013, Mr Williams was lured by two men, Darren Wilson and Joel Henderson, to a home in Scarsdale, near Ballarat in Victoria, where they planned to attack him.
Timmy went with Mr Williams to investigate a “prowler” at the home — a lie cooked up by the group.
Mr Williams and Wilson were cousins.
Wilson, wearing a pillowcase over his head, jumped out and punched Mr Williams, prompting Timmy to hit his stepdad’s attacker with a baseball bat.
But it was an act of loyalty that cost the young boy his life, as said by prosecutor Chris Dane, QC, in the Supreme Court earlier this year.
Henderson, 42, faced a pre-sentence hearing today.
“He’s belted over the head. He looses his temper. He kills the boy, in combination with the other man,” Mr Dane said of “simpleton” Henderson in court today.
Mr Dane said Henderson, chased Timmy down and held him on the ground so he could strangle him.
Henderson had an axe that he planned to use on Mr Williams, but instead used to attack Timmy.
The Supreme Court heard earlier this year a witness screamed “He’s only a little boy, he has special needs” but Henderson responded with “Die, c***, die”.
Henderson allegedly hit Timmy with the blunt edge of the axe and Wilson started punching the boy before killing him with the weapon.
Timmy had eight wounds to his head and other gruesome injuries like missing fingers.
A woman was charged along with Wilson and Henderson in 2013 because she allegedly helped people flee the scene and attempted to destroy evidence.
She was charged with obstructing the course of justice.
Wilson was found guilty in 2013 and was sentenced to 30 years and six months in prison.
Henderson was found guilty earlier this year and at a pre-sentencing hearing today blamed a head injury for his actions.
The Supreme Court of Victoria heard today that Henderson, 42, was not thinking clearly at the time of the axe murder because he had a brain injury.
“Mr Henderson, by reason of the acquired brain injury, is a person who is not able … to think clearly and exercise appropriate judgement,” defence barrister George Georgiou, SC, told the pre-sentence hearing.
The Herald Sun reported in 2013 that a court heard Mr Henderson had a brain injury due to a suicide attempt in 2005.
A court heard again later in 2013 that Wilson had discussed killing Mr Williams just two days before Timmy was murdered.
Leading Senior Constable Anthony Walker told Ballarat Magistrates’ Court at the time that the threat wasn’t investigated because they believed Wilson was “letting off steam”.
Henderson is expected to be sentenced next week.