Weapons sway judge in shooting case sentence

By SCOTT MacLEOD

Peter Vitali did what any self-respecting former gang member would do when he caught seven Headhunters stealing his car and boat - he started shooting.

And although he shot and nearly killed one of the thieves, an Auckland judge was so swayed by Vitali's obvious fear during the incident that he considered suspending a jail sentence.

But then Vitali was arrested again - this time for possessing a loaded assault rifle and pistol.

In the Auckland District Court yesterday, Judge Simon Lockhart, QC, sentenced the 47-year-old unemployed Dairy Flat man to two years' jail for unlawfully firing a pistol last August 27, and possessing explosives, firearm and offensive weapon this July 20.

Vitali told police that early on August 27 Headhunters took him to a park, threatened to beat him up with pipes and throw him into mangroves, and said they would come back later to take items from him.

That afternoon the former Hell's Angel arrived at his Roberts Rd home in Te Atatu South to find seven people hitching his fishing boat on to his Ford Mustang.

Vitali rammed one of them with his four-wheel-drive vehicle, making him drop a pistol. Vitali then picked up the pistol and fired five .45-calibre bullets, one of which punched through a Headhunter's stomach and out his waist.

The Armed Offenders Squad found the man bleeding from two gaping wounds, and he spent three weeks in hospital. Vitali hid for 12 days before talking to police.

On July 18, Judge Lockhart remanded Vitali for sentencing. The judge yesterday said that at the time he was considering suspending a jail sentence - until he heard Vitali was caught with guns two days later.

On July 20, police raided a house where Vitali was staying and found a Colt AR15 semi-automatic rifle loaded with 20 soft-point bullets, a Smith and Wesson .45-calibre pistol and 214 rounds of various ammunition.

"I accept you had valid reasons for thinking you were under threat," Judge Lockhart said. "Nevertheless, this is serious offending."

Defence lawyer Allan Roberts said his client was dealing with "an unforgiving lot" and any time he spent in prison would be "uncomfortable". Vitali deserved credit for admitting his guilt.

"He is of the view that he had reached a plateau in his life cycle in which he may have moved on to bigger and better things."

Vitali sat impassively in the dock while being sentenced, but nodded at the judge and said "thank you, sir" as he was led off to jail.