Hayden John Nitz faces Rockhampton court after Berserker siege incident

A court has heard how an armed man was at breaking point when his actions forced police to place part of a Rockhampton suburb in lockdown.

Police on scene at an incident at Mostyn St, Berserker, on September 14, 2023.

The man behind a siege that locked down several blocks on Rockhampton’s northside was ready to end his life, a court has heard.

Hayden John Nitz, 35, pleaded guilty in Rockhampton Magistrates Court on Friday to 10 offences, including obstructing police, unlawful possession of a category D/H/R weapon and unlawfully possessing explosives.

He also pleaded guilty to possessing dangerous drugs, possessing utensils or pipes that had been used, contravening a police direction or requirement and serious assault/resist/obstruct police.

The court heard the details of how being imprisoned at Capricornia Correctional Centre for the first time at age 17 lead to a downward spiral of drug use and mental health issues for Nitz.

His lawyer Grant Cagney told the court while some young people were scared of their jail experience and went on the “straight and narrow”, Nitz’s experience lead him to a life of drug use and mental health struggles.

Police on scene at an incident at Mostyn St, Berserker, on September 14, 2023.

On September 14 this year, police attended Nitz’s home in Mostyn St, Berserker to negotiate with Nitz and made an exclusion zone under the Public Safety Preservation Act.

The court heard Nitz had a firearm in the house and had thrown tools at police officers.

Mr Cagney told the court the firearm only had one bullet, which Nitz had intended to use on himself.

He said police were not threatened at any time during the siege.

Nitz was eventually taken into custody “without incident”.

He described what occurred as a “sad state of affairs”, saying any interaction Nitz had with police made him fearful he would go back into custody.

“He was at a stage where he felt it would be simply easier for him to end his own life than continue down the path he had been on for a significant period,” he said.

“He actually removed the bullet from the weapon and made it clear to police when he was surrendering he did not have a weapon and the weapon in the house was no longer loaded.”

Police on scene at an incident at Mostyn St, Berserker, on September 14, 2023.

Mr Cagney told the court while in custody, his client had started the process to become a resident at the Lives Lived Well rehabilitation facility.

An emotional Nitz read a prepared note of apology to the court, where he apologised to first responders and the public for his actions on August 29.

In his statement, Nitz told Magistrate Philippa Beckinsale he now accepted drugs meant crime and that the rehabilitative courses in jail were not working.

He said he had also accepted he had underlying issues and was getting assistance for them.

Ms Beckinsale told Nitz it was “terribly sad” his time in prison had adversely impacted him and she noted he had family support.

She also took into account how “harrowing” siege incidents can be on first responders.

Nitz was sentenced to 12 months imprisonment with 43 days declared as time already served.

He was given an immediate parole release so he could continue his efforts to get into a rehabilitation facility.

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Originally published as Hayden John Nitz faces Rockhampton court after Berserker siege incident