William Hines (left) and Quentin Waho-Marsden (right) have been sentenced for the 2023 killing of Dean Kahukiwa (centre).
A ratbag, a funny guy, and even a s***head sometimes - that’s how the family of murdered Mongrel Mob member Dean Kahukiwa remembered him in court today.
Kahukiwa, known by loved ones as Deanie Boy or D-RED, was shot five times in his Horowhenua home in September 2023, in retribution for a beating he had allegedly meted out to his partner, Jade Oldridge.
But the 32-year-old’s body wasn’t discovered until nine days later, when firefighters were called to a fire at the Reeve St house in Foxton.
There was heavy security in the High Court at Wellington as four people were sentenced by Justice Karen Grau in relation to his death and the subsequent fire.
Spaces in the public gallery were limited to 14 each for the families of the victim and defendants, with uniformed police stationed outside the courtroom.
Inside court, security escorted five people out during proceedings, which ran for several hours.
Quentin Waho-Marsden, 27, murder and arson, life imprisonment, must serve a minimum period of 17 years.
The Crown says William Hines, Jade Oldridge’s uncle, recruited Waho-Marsden, a Nomads gang member, to mete out retribution to Kahukiwa for his treatment of Oldridge.
Prosecutor Emma Ferrier told the court it was a brutal, cruel, depraved killing that involved shooting a man in his home several times.
She described the events as vigilantism and said the fire had been lit to dispose of evidence that linked Waho-Marsden and others to the killing.
The Crown sought a minimum period of imprisonment of 17 years.
Defence lawyer Stephen Winter said the arson wasn’t sophisticated and had bordered on the amateurish.
He suggested there were several mitigating factors, including a guilty plea.
The cultural report prepared for his client made for sad reading and outlined his background, which explained how he had ended up in court.
As a result of reading that report, he said Waho-Marsden had thought about his background and had begun attempts at rehabilitation, including enrolling in a course at Hawke’s Bay Prison, which gave him access to his culture.
In sentencing, Justice Grau said that, because of the nature of the offending, a 17-year minimum period of imprisonment applied, unless it was found to be manifestly excessive.
Despite Waho-Marsden’s history of offending from the age of 11 and being uplifted by child services, coupled with his guilty plea, the judge said there was not enough to suggest the minimum period of imprisonment was manifestly unjust. He was also sentenced to two years’ jail for the arson, to be served at the same time.
William Maaky OJ Hines, 49, manslaughter, 6.5 years’ jail.
The Crown says Hines instigated the plan to intimidate and injure Kahukiwa in retaliation for the violence inflicted on his niece, and that he arranged to meet Waho-Marsden for that purpose.
Ferrier said that, while Hines wasn’t present when Kahukiwa was killed, he knew Waho-Marsden had a firearm, but didn’t appreciate that he would shoot Kahukiwa with murderous intent.
The Crown sought a starting point of 13 years’ imprisonment.
Defence lawyer Christopher Stevenson, KC, said Hines was at home on the day of the killing, essentially minding his own business, when his partner, Teresa McKenzie, contacted him, saying Oldridge was distressed and needed help.
Stevenson explained to the court that the offending reflected a pattern of behaviour and his client’s natural tendencies to protect others, particularly a young and vulnerable female relative.
He also pointed out that, since 2014, Hines had made a demonstrable effort to lead a better life.
In sentencing, Justice Grau said that, while this wasn’t a gang-related shooting, there were gang undertones.
She noted that Waho-Marsden was much younger than Hines, and it was clear by the way Hines was able to assemble people to help him that he demonstrated his seniority.
She said that, while Hines denied he was a gang member, he clearly acted as a senior gang member and behaved like a gang boss, rather than a concerned uncle.
She said his actions that day were a warped and dysfunctional response that showed a total disregard for the law.
Teresa McKenzie, 39, being a party to injuring with intent to injure, nine months’ home detention.
Ferrier submitted that McKenzie was an intermediary in the text messages between Oldridge and Hines.
Her lawyer, Kevin Preston, said she was Hines’ long-time partner and had grown up in the gang environment, adding she was simply the go-between that day.
Preston said his client was remorseful and had written a letter to Kahukiwa’s family, which he asked to be passed on.
Justice Grau said she accepted McKenzie had acted as a go-between, noting the outcome was still tragic.
She said McKenzie had told a report writer that she had not intended what unfolded to happen, and just wanted to get Oldridge out of the house, adding she was just at home being a mum.
But Justice Grau told her that what she did bore no relationship to what society would reasonably expect of being a mother.
She gave a small discount for background and remorse, leaving an end sentence of nine months’ home detention.
Danielle Prisk, 39, being a party to arson, four months’ home detention.
The Crown says Prisk’s involvement was limited to buying petrol that was used in the arson.
Her lawyer, Phillip Drummond, sought discounts for her background and the 21 months she had spent on curfew.
Justice Grau said Prisk knew there was an unlawful purpose when she bought the petrol, but didn’t know the details.
She gave a small discount for her background, leading to an end sentence of four months’ community detention with a daily curfew.
Jade Oldridge, 26, being a party to injuring with intent to injure.
Oldridge pleaded guilty to being a party to injuring with intent to injure.
Her text messages to her aunt, Teresa McKenzie, set off the tragic events.
She will be sentenced at a later date in the High Court at Wellington.
Kahukiwa’s brother, Wayne Tohiariki, who read a victim impact statement on behalf of the family, said the murder had been a rollercoaster as they tried to come to terms with the loss of a much-loved father, brother, son and uncle.
Kahukiwa came into their family when he was a baby as a result of a family break-up. Tohiariki explained that he grew up with Kahukiwa and helped to raise him.
“He was a ratbag, a funny guy and even a s***head at times, but who isn’t?”. However, no one deserves to be taken from the earth in that manner, he told the court.
Kahukiwa‘s death had affected the family emotionally, mentally and physically, with some having to undergo counselling.
“We have fallen and broken at the same time.”
He said they had never got to share their last moments with him as they might have if he had been sick, because his life was taken away so suddenly.
After the killing, he and the other members had been fearful, wondering if others were going to come after them.
He had never had a family member murdered before, and he wouldn’t wish it on anyone.
“The mess they created I wouldn’t wish on anyone,” he said, describing it as a “s*** show, a nightmare”.
According to the summary of facts, Jade Oldridge was taken to Lower Hutt Hospital two days before the killing, but left before being assessed or receiving treatment.
She and Kahukiwa spent the following day in Lower Hutt, visiting family and friends before returning home to Foxton.
The next day, Monday, September 18, they were at home.
The summary said Oldridge referred to McKenzie and Hines as aunty and uncle.
That morning, she messaged McKenzie saying, “Aunty cn u tell uncle cme nine nine Please And smash this c***”.
A minute later, Oldridge made a nine-second phone call to McKenzie, followed by a text which said, “Cn come mine aunty please”.
At 11.39am, McKenzie sent Hines a text message saying, “Can u ring please”.
She then sent a message to Oldridge saying, “I let uncle no now baby”.
McKenzie later sent another message to Hines saying, “Jade needs you to go over to her house”.
Hines then rang McKenzie in a call that lasted 20 seconds.
After that call at 11.40am, McKenzie sent Oldridge a text message saying, “He’s coming now my baby”.
She added, “Hang on my girl he won’t be long”, “Don’t let him know your uncles on his way but don’t tell him he will f***en sort it” followed by “Love you my baby”.
Oldridge replied, “I haven’t told him aunty” and “Love u aunty”.
Less than 10 minutes later, Waho-Marsden and Hines spoke by phone, arranging to meet at Reeve St to intimidate and injure Kahukiwa for the beating he had inflicted on Oldridge.
According to the summary, Hines arrived at Reeve St shortly after midday, while Waho-Marsden arrived at 12.20pm, accompanied by another man. They approached the house together, and Kahukiwa answered the door wearing only a towel.
While Hines remained outside, Waho-Marsden walked inside carrying a gun and shot Kahukiwa five times with a .22 calibre firearm. One round pierced his heart.
Just over a week later, Waho-Marsden texted Prisk and arranged for her to buy petrol. The court heard he made arrangements to set the house alight and recruited others to do that.
A subsequent scene examination found that accelerant had been poured throughout the house before it was set alight. Despite extensive damage to much of the interior, Kahukiwa’s body was found in a bedroom that wasn’t fire-damaged.
Justice Grau finished the sentencing by thanking whānau for the way they had conducted themselves.
They had respected the tikanga of the court and shown their mana, for which she thanked them very much.
Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently, she was working as a media adviser at the Ministry of Justice.