While three dogs continued barking their owner left his central western NSW home for the last time in pursuit of his neighbour, a court has been told.
Minutes later Jesse Herridge was shot dead by 18-year-old Nathan Joseph Price on June 24, 2019 outside his Porter Street home in Parkes.
Price pleaded not guilty to murder and to the lesser charge of unlawful killing as he was defending his mother from the approaching assailant carrying a weapon, the NSW Supreme Court was told on Thursday.
A key issue in his murder trial is whether his actions can be classified as self-defence.
The teenager had been living with his mother and others while Mr Herridge, 25, lived a few doors down, crown prosecutor Liam Shaw said in his opening address.
The fight was sparked about 4.40pm when a young woman walking past Mr Herridge’s home yelled “shut the f*** up” at his barking dogs.
“You shut the f*** up you redheaded slut,” he shouted in return.
An annoyed Mr Herridge then phoned a neighbour about the dispute saying he wouldn’t shut his pets up because they were only doing their job.
After arriving at the accused’s home the woman reported “the young fella up the road had given it to her,” and Price’s mother Tracey Simpson walked outside.
She began arguing with Mr Herridge who was standing outside his home, yelling and screaming things like “you want to come and f***ing fight, come here,” she is expected to say in evidence.
Mr Herridge retrieved what appeared to some witnesses like a baseball bat and took off his jacket.
“Come on then,” he was heard yelling.
At some point Price retrieved a loaded shortened 12-gauge shotgun while Mr Herridge was seen holding an axe handle above his head as if he was preparing to hit the teenager, the court was told.
The pair were about 50cm away from each other when the shot was fired.
While neighbours called emergency services the injured man stumbled away from the front yard and fell facedown in a gutter where police found him just after 5pm.
He was pronounced dead in hospital shortly after.
A toxicology report later found high levels of methylamphetamine in his blood.
Price walked towards officers with his hands in the air saying “it was me I shot him, I was protecting my family,” as he was arrested.
Later Price said “I told him I had it, I told him to stop, I f***ing gave him his warnings”.
The Crown argues it took some time to assemble the gun which was a clear indication he intended to kill his neighbour or at least seriously wound him.
Price’s lawyer said there was an unusually large area of agreement in the case regarding where and how the death occurred.
The ultimate challenge for Justice Stephen Rothman in the judge-alone trial was whether the shooting was done in excessive self-defence.
The trial continues.
AAP
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