Noisy Gympie neighbour Damien Wemmerslager brandishes bottle in fit of rage

Damien Anthony Wemmerslager, now 42, sat silently in the Gympie District Court dock as details of his drunken and violent episode on May 24 last year were detailed on Wednesday afternoon.

Damien Anthony Wemmerslager, 42, has been given a suspended jail term after threatening his neighbour with a bottle and jumping on his car.

A Gympie region man brandished a beer bottle at his neighbour and later caused more than $3000 in damages by jumping on his car in a fit of rage, a court has heard.

Damien Anthony Wemmerslager, now 42, sat silently in the Gympie District Court dock as details of his drunken and violent episode on May 24, in 2020 were detailed on Wednesday afternoon (July 22).

The court heard Wemmerslager began drinking in his cabin at a Tin Can Bay residential complex on the date in question, and started playing loud music about 4pm.

Some time later the victim, who Wemmerslager did not know well but “shared the occasional beer” with in the common area of the complex, approached him and asked him to turn the music down.

An intoxicated Wemmerslager “became argumentative” and followed the victim back towards his cabin, but returned to his own.

Another resident asked Wemmerslager to turn his music down by 7pm, but Judge Nathan Jarro noted he was “not co-operative” and “became agitated”.

Wemmerslager walked over to the victim’s cabin with a beer bottle, stood at the partially open sliding glass door, yelled at him and pushed his way inside.

He “brandished the beer bottle” towards the victim’s forehead in a threatening manner, but the victim pushed him back outside and they both returned to their own cabins.

Five minutes later Wemmerslager once again walked back to the area, jumping on the victim’s car and causing “about $3000” in damage to the roof, the court heard.

Crown prosecutor Katrina Overell said Wemmerslager had been diagnosed with autism and had “some limit to intellectual functioning”, but noted his use of the bottle to threaten his neighbour was “concerning” and his damage to the vehicle “gratuitous”.

Wemmerslager’s defence lawyer said his client was receiving ongoing care from his brother and a support worker, who were both present in the court.

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Judge Jarro told Wemmerslager his “anti-social” behaviour “has to stop”.

“If you set one foot out of line … you will be brought back before the court and you can expect to serve 12 months in prison,” Judge Jarro said.

Wemmerslager pleaded guilty to one charge each of burglary with violence while armed, and wilful damage.

He was given one year in jail as a head sentence, suspended immediately for the next two years.

Originally published as Noisy Gympie neighbour Damien Wemmerslager brandishes bottle in fit of rage