A recidivist offender who shot a small-time Auckland drug vendor whereas robbing him of his stash and up to date gaming machine jackpot had been on electronically monitored parole on the time of the homicide – however had reduce off his monitoring machine.
That issue of Benjamin “Dekoy” Mcintosh’s homicide in June 2022 was highlighted for the primary time this week as prosecutors sought a prolonged non-parole interval for Ethan Dane Dodds, who returned to the Excessive Court docket at Auckland for sentencing.
Justice Graham Lang agreed that Part 104 of the Sentencing Act – calling for a non-parole interval of not less than 17 years in a few of the most egregious homicide circumstances, together with ones that happened in the middle of a theft – had been met. However he additionally in the end agreed with Dodds’ lawyer that imposing such a sentence can be “manifestly unjust” as a result of the killing, whereas reckless, had not been deliberate or supposed.
The 25-year-old was as an alternative ordered to serve a life sentence with a minimal interval of 12 years earlier than he can start to use for parole.
Co-defendant Julius “Pete East” Te Hiva Ka, who was additionally discovered responsible of homicide however wasn’t alleged to have been armed through the theft, was ordered to serve a life sentence with a minimal time period of imprisonment of 10 years.
Mcintosh, 36, was discovered unconscious and bleeding in his still-running automotive at Harold Moody Park in Glen Eden on the morning of June 3, 2022, about half-hour after being shot. He was taken off life help days later.
Te Hiva Ka, an addict who would typically purchase medication from Mcintosh, had organized a gathering on the West Auckland reserve beneath the guise of a $350 methamphetamine buy. Dodds, toting a sawn-off semi-automatic rifle, had by no means met Mcintosh in particular person however had been spending time currently with the sufferer’s on-again-off-again girlfriend.
Within the witness field, Dodds insisted his solely cause for bringing the gun was to scare Mcintosh over rumours of a earlier unrelated incident supposedly involving Mcintosh and an unidentified pal’s mom. The defendant, a Crips gang member recognized by the nickname “Ecep”, admitted the gun went off whereas he was holding it within the again seat of Mcintosh’s automotive, inflicting Mcintosh’s loss of life. However he claimed the set off was pulled accidentally and the taking of Mcintosh’s pockets and medicines stash was merely an afterthought as he fled the scene in shock.
“I reject your proof on this subject, as I’m certain did the jury,” Justice Lang mentioned right this moment as he thought-about Dodds’ sentence. “I’m glad past cheap doubt that you just took the firearm to the park with the intention of utilizing it to scare Mr McIntosh into handing over any medication and money that he might need in his possession.”
‘Left us all damaged’
Mcintosh was remembered in a collection of sufferer impression statements right this moment as somebody who lit up a room along with his infectious giggle.
“He introduced life and pleasure to everybody he encountered,” his mom informed the courtroom. “His life mattered. He wasn’t only a quantity. He was my son.”
In a written assertion learn aloud by prosecutors, Mcintosh’s father described how the killing “has left us all damaged”.
“He was by no means a violent man,” the daddy continued. “He had the present for gab and would discuss his approach out of bother fairly than combat.”
Mcintosh was additionally by no means one to carry a grudge, the daddy wrote, expressing hope the defendants would replicate on their actions whereas serving their sentences and a few good may come of it.
Dodds’ lawyer, Annabel Maxwell-Scott, emphasised throughout right this moment’s listening to that her shopper took duty for inflicting the loss of life and was remorseful for that. She famous the only shot first went via Mcintosh’s shoulder earlier than exiting his physique and re-entering into his head – proof, she mentioned, that the killing was by no means intentional.
She described Dodds as somebody who was marred by an exceptionally dysfunctional upbringing, sufficient to be worthy of a discount to his total sentence.
“From the age of 9, he … had no probability – medication, alcohol and gang membership earlier than he was 10,” she mentioned.
The choose agreed. He famous an extended listing of prior convictions leading to him having spent the vast majority of his life up to now both in state care or jail. He has not often spent greater than three months at a time exterior prison justice amenities for the reason that age of 11.
Justice Lang additionally agreed Mcintosh’s loss of life hadn’t been intentional, even when the capturing itself was. Crown prosecutors Brett Tantrum and Conrad Purdon argued he was responsible of homicide as a result of he knew firing the gun carried the danger of inflicting loss of life and he took the possibility anyway.
“I think about it most definitely that some type of wrestle occurred after you entered Mr McIntosh’s car and produced the firearm,” the choose surmised. “At this level, you deliberately discharged the firearm in Mr McIntosh’s path.”
Dodds, who chewed gum all through the listening to, left the dock earlier than Te Hiva Ka was introduced in so the sentencing course of may very well be repeated. The Crown once more sought a 17-year non-parole interval and it once more was declined.
Defence lawyer Ron Mansfield KC described his shopper as somebody who had a promising expertise for rugby league however couldn’t escape the clutches of methamphetamine habit that had mired each of his dad and mom. The 27-year-old had left a very good impression throughout his time in jail up to now, Mansfield mentioned, describing Te Hiva Ka as “a really quiet and understated character” and “very respectful of others”.
The defence lawyer additionally made a considerably uncommon request for Justice Lang to search out {that a} life sentence can be manifestly unjust given his shopper’s decrease culpability and his sturdy prospects for rehabilitation. The choose rapidly declined, noting his important position in luring Mcintosh to the secluded park that morning.
Essentially the most anger from the courtroom gallery got here following the sentencing of third co-defendant Tamirah Baker, who was by no means charged with homicide however was discovered responsible at trial of being an adjunct to homicide after the very fact and illegal possession of the homicide weapon.
She had been relationship the sufferer up till his loss of life earlier than beginning a relationship within the days that adopted with Dodds, serving to him disguise from authorities for 5 days. The 2 had been arrested side-by-side after she led police on a wild pursuit by which spikes had been deployed and their stolen automotive finally needed to be rammed off the street.
Justice Lang mentioned he was glad she would have been the one who tipped off Dodds and Te Hiva Ka that Mcintosh had simply come right into a surge of money because of his gaming machine jackpot. He scolded her for an ingenuine try at portraying grief over Mcintosh’s loss of life throughout a recorded interview with police that was later performed for jurors. He mentioned her finish sentence wanted to be lengthened as a result of she was on bail when she went into hiding with Dodds and knew she was the topic of an energetic warrant.
However the choose additionally acknowledged – and the Crown conceded – that her 18 months on electronically monitored bail awaiting trial and her 4 months already in custody necessitated a reduction that will put her sentence within the non-custodial vary. He ordered an finish sentence of six months’ dwelling detention.
“Bitch!” one lady within the gallery yelled as she was led out of the courtroom.
“Unbelievable!” yelled one other.
A fourth co-defendant who averted trial after pleading responsible on the final minute was sentenced final month. Donna Dodds, the 61-year-old mom of Ethan Dodds, was ordered by the identical choose to serve 14 months’ imprisonment for trying to pervert the course of justice. She admitted to driving Dodds out of Auckland instantly after the capturing and offering a false alibi to police.
It got here lower than 24 hours after she had been sentenced to intensive supervision for attempting to affect witnesses in one other investigation involving her son. This time, the choose mentioned, jail was wanted to ship a stronger message.
Craig Kapitan is an Auckland-based journalist protecting courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms within the US and New Zealand.
