Damon O'Rourke was murdered in his sleep-out on Coromandel Court, in Palmerston North, during a robbery by two men wearing Nomad gang patches. Inset photo of O'Rourke / RNZ, Jemma Brackebush
A planned robbery turned deadly when two men wearing Nomads gang patches stormed a man’s sleep-out to steal his methamphetamine.
One of the men, Tre McLean, had a loaded, cut-down rifle on him, and when the victim, Damon O’Rourke, only handed over a bag of the Class A, insisting that was all he had, McLean shot him in the head.
McLean and his co-offender, Jaedyn Patrick Lovejoy, left the Palmerston North sleep-out with the bag of meth and $5 Lovejoy took from O’Rourke’s drawers.
Last week, Lovejoy was sentenced in the High Court at Palmerston North on a charge of manslaughter.
Two other co-offenders, Windsor Martin and Grayson Gray, were sentenced on the same day on charges of aggravated robbery for their roles in the crime.
McLean, who was found guilty of O’Rourke’s murder, will be sentenced at a later date.
According to Lovejoy’s sentencing decision by Justice Cheryl Gwyn, the group’s plan to rob O’Rourke was carried out on January 20, last year.
O’Rourke, a 35-year-old father, was living in a detached sleep-out at Coromandel Court at the time, and around mid-afternoon, Martin went to the address to purchase meth from O’Rourke.
Martin and O’Rourke knew each other well and had been in regular contact in the days prior.
After buying the drugs, Martin let McLean know that he had done so, and the pair planned the robbery for that evening.
Around 7.10pm, Gray drove Lovejoy, McLean and Martin to O’Rourke’s address.
According to the decision, the four shared a common purpose and understanding to rob O’Rourke.
Martin stayed in the car with Gray while Lovejoy, who was 19 at the time, and McLean made their way past the main house to the sleep-out, both wearing gang patches.
McLean had the rifle concealed under his clothes but, according to the decision, there was no evidence that Lovejoy knew this before they entered the sleep-out.
McLean confronted O’Rourke, demanding that he hand over a quantity of meth.
O’Rourke, who was alone and unarmed, complied with the threats.
But McLean was unhappy with what he had been given and Lovejoy began searching for more drugs, pulling open a set of drawers and rifling through its contents.
McLean pulled out the firearm and threatened O’Rourke with it.
When O’Rourke denied having any more meth, McLean shot him once in the right side of his head.
The two ran back to the car, and Gray drove them away.
O’Rourke died in the early hours of the next day at Palmerston North Hospital.
All four offenders were initially charged with his murder but Gray and Martin later pleaded guilty to amended charges of aggravated robbery.
Lovejoy and McLean were tried on the murder charge, with the jury finding Lovejoy guilty of manslaughter and McLean of murder.
At trial, Lovejoy maintained he did not know McLean had a firearm until he pulled it out, and he left the sleep-out once he saw it.
While the jury did not accept that he had left, it did find that Lovejoy did not know it was a probable consequence that McLean would mean to cause grievous bodily injury to O’Rourke, but that he did know it was a probable consequence that serious injury could occur.
In sentencing Lovejoy, of Palmerston North, Justice Gwyn heard he had been “slowly introduced” to the Nomads gang, which encouraged his use of cannabis and meth.
While he never committed to being a patched member, he borrowed patches to support his friends in their dealings.
He recalled being under the influence of meth at the time of O’Rourke’s murder.
According to the sentencing decision, he was aware of the role drugs had in his offending, and has been sober since, as he believed drug use would be detrimental to his rehabilitation.
He told the court he has removed himself from all gangs and has avoided gang associates while in prison.
A father himself, Lovejoy has shifted his focus to his family, has engaged in stopping violence programmes, and was baptised into the Christian faith in May last year, the judge was told.
The Crown argued that an appropriate starting point would be 11 years’ imprisonment, while defence lobbied for seven years.
Justice Gwyn explained in her decision that part of the reason for the difference in those figures was that counsel disagreed on the facts of Lovejoy’s role in the offending.
Defence argued Lovejoy was unaware of any plan to rob O’Rourke before entering the sleep-out, and he was a reluctant participant once he became aware McLean was armed.
However, the Crown argued it was highly unlikely that Lovejoy only became aware that a robbery was going to take place once he got inside.
Justice Gwyn did not accept that Lovejoy did not know he was engaged in a robbery until he was in the sleep-out.
“You and Mr McLean were picked up by Mr Gray first, before going to Mr Martin’s address,” she said.
“All three other occupants in the car accept they were aware a robbery was planned. You were wearing a Nomads patch when you went into the address, as was Mr McLean.
“However, I do accept that there is no evidence from which I can infer that you were aware Mr McLean had a firearm prior to entry into the sleep-out.”
Taking a starting point of seven years’ imprisonment, Justice Gwyn then allowed credit for Lovejoy’s willingness to plead guilty to manslaughter before trial.
She also gave discounts for his youth, describing his offending as largely impulsive, for the impact his incarceration would have on his children, and for the time he spent on electronically-monitored bail.
Lovejoy was then sentenced to four years’ imprisonment.
According to The Post, Gray and Martin were also sent to prison, with Gray receiving a term of two years and one month, and Martin of three years and 10 months.
Tara Shaskey joined NZME in 2022 and is currently an assistant editor and reporter for the Open Justice team. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.