A teen murderer who boasted of putting his enemies in 鈥渂ody baggies鈥 hours after a fatal mistaken-identity shooting has been handed a hefty jail sentence but escaped life imprisonment.
And the victim鈥檚 father has spoken of his excruciating grief, saying he has lost purpose and 鈥渞eason for life鈥 after his son鈥檚 death, and feels he 鈥渇ailed as a father鈥 for not being able to protect his boy.
鈥淭he pain and guilt will stay with me forever,鈥 Misi Faletolu said in a victim impact statement about his slain son, Jaymis.
鈥淛aymis鈥 life was full of promise, and now it鈥檚 been taken away in an instant because you thought you were tough.鈥
Chaelim John McCarthy, now 20, fired a gun through the window of a green Lexus after a violent early-morning altercation in Manurewa on New Year鈥檚 Day 2024.
The blast resulted in a fatal head wound for Jaymis, who was the front-seat passenger. The car鈥檚 17-year-old driver lost an eye from the same blast but survived.
McCarthy didn鈥檛 realise it at the time, but both victims were his mates.
He thought the car belonged to two people who had just violently raided the New Year鈥檚 Eve party, throwing punches at random people before running off shouting Head Hunters gang slogans, lawyers said.
Police investigate a Lexus on Addington Ave, Manurewa, where two teens were shot 鈥 one fatally 鈥 on New Year's morning 2024. Photo / Dean Purcell
McCarthy admitted to manslaughter at the start of his High Court trial in Auckland in August this year, arguing he did not intend to shoot the victims and was only trying to intimidate them by aiming for the vehicle鈥檚 bonnet.
But the jurors found him guilty of reckless murder.
It emerged that on the day before the killing, McCarthy had posed for a photo with a gun while wearing a balaclava.
And hours after the shooting, he texted a friend saying: 鈥淛ust killed three [racial slur],鈥 adding, 鈥淏ody baggies鈥.
He also said: 鈥淚鈥檇 do it again, uso. They chose the gangster life. They wanna be gangster. We showed them that life.鈥
McCarthy appeared yesterday for sentencing before Justice Laura O鈥橤orman, who said that because of his youth and background, it would be 鈥渕anifestly unjust鈥 to sentence him to life in prison.
The public gallery was packed with the victim鈥檚 loved ones, as well as a large contingent of family and friends supporting the young killer.
The court heard McCarthy had taken a shotgun wrapped in a bandanna to the party for protection as he suspected potential trouble from a rival Kelston group.
When two men burst into the party and attacked revellers, McCarthy was left bleeding after his earring was yanked out. Two of his teeth were also dislodged.
He was drunk and made an impulsive decision to fetch the shotgun from a car before pointing it towards the Lexus and firing, the court heard.
On arresting 19-year-old Chaelim McCarthy in January 2024, police found a shotgun in his car that had been broken into three pieces. The weapon was introduced into evidence at McCarthy's High Court murder trial. Photo / Craig Kapitan
Defence lawyer Ron Mansfield said the then-teenager did not intend to kill. His aim was affected by his intoxication, and he acted impulsively due to his injuries after the unprovoked attack.
鈥淭hey just wanted a quiet night,鈥 Mansfield said of McCarthy and his friends.
鈥淒espite all they were doing to keep themselves safe, violence still found them.鈥
Mansfield dismissed the boasting text messages as 鈥渃omplete bravado from a drunk youth who just didn鈥檛 understand what had occurred鈥.
He asked the judge to impose a finite sentence, rather than crushing the young man鈥檚 hope and rehabilitation prospects.
McCarthy had made a split-second decision that he would regret for the rest of his life, Mansfield said.
The devastating loss caused by his client鈥檚 offending 鈥渨ill only be compounded by a sentence of life in prison鈥.
Crown prosecutor Chris Howard. Photo / Michael Craig
However, Crown prosecutor Chris Howard said a life sentence was 鈥渆ntirely appropriate鈥 in the circumstances.
McCarthy had taken a firearm and multiple rounds of ammunition to the party in preparation for conflict, firing the weapon towards the victims at 鈥渃lose range鈥.
鈥淭his should not be mistaken for any sort of accident,鈥 Howard said.
McCarthy had mocked the victims in his text messages after the shooting. Video recorded later that morning showed him 鈥渓aughing, giggling and fooling around鈥.
His actions caused significant harm, including the loss of life, serious injuries to the survivor, and ongoing grief and pain across several families.
Howard said McCarthy was considered a high risk of reoffending. He had still not taken responsibility for his actions, showing limited remorse or insight.
Misi Faletolu said he felt 鈥渟hock and confusion鈥 at his son鈥檚 death. Every day was a struggle.
鈥淚 still pray and hope that somehow this is not real.鈥
The grieving dad could not cope with going to work and had lost his job. The tragedy had a devastating impact on the wider family.
Faletolu said his son was a 鈥済ood boy鈥 with a life 鈥渇ull of promise鈥.
But that potential had been extinguished by McCarthy鈥檚 鈥渟howy actions with a gun鈥.
Judge O鈥橤orman said McCarthy had pleaded guilty to unlawful possession of a firearm and explosives, and had been found guilty of murder and wounding with reckless disregard.
She said he had been part of a group called 鈥淪outhbound鈥, who were into boxing and fitness. They had an ongoing violent conflict with the Kelston group called the 鈥淜elly鈥 boys.
鈥淲hether it be bravado or not, you discussed with your friend that you were willing to use a gun to shoot someone in the legs.鈥
Chaelim John McCarthy, 19, appears in the High Court at Auckland on a charge of murder regarding the fatal New Year's morning 2024 shooting of another teen in Manurewa. Photo / Jason Oxenham
After the trial, the jury rejected McCarthy鈥檚 claims that he was only aiming to fire a 鈥渨arning shot鈥 that night.
She said she must denounce McCarthy鈥檚 conduct, deter others from similar offending and protect the community.
But the judge ruled a life sentence was not appropriate in this case.
鈥淚t would be counter-productive to crush hope.鈥
She said McCarthy did not deliberately kill the victim, and the murder was not premeditated.
Justice O鈥橤orman set a starting point of 27 years before allowing a 35% discount for McCarthy鈥檚 age, previous good character, rehabilitation prospects and background.
The judge ordered McCarthy to spend 17 years and six months in jail, with a minimum non-parole period of eight years and nine months.
She also ordered the destruction of the shotgun and ammunition.
Lane Nichols is Auckland desk editor for the New Zealand Herald with more than 20 years鈥 experience in the industry.
Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.
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