AN ice dealer who went to a quiet street in Salt Ash on a Sunday afternoon in August, 2021 was shot in the back of the head while trying to flee a "drug rip gone wrong", a Newcastle Supreme Court jury has been told.
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David King, 45, of Tanilba Bay, was killed when he was shot once at close range with a shortened shotgun while behind the wheel of a ute in Hideaway Drive on the afternoon of August 29.
The car then swerved off the road, careered into a tree and two men got out covered in blood, the court heard.
Three men - Elijah Cage, Max Lowcock and Tyson Stamp - have pleaded not guilty to murdering Mr King and kidnapping a woman who witnessed the shooting and on Wednesday faced the first day of an estimated eight-week trial in Newcastle Supreme Court.
It is the prosecution case that Mr King was shot by either Mr Cage or Mr Lowcock, who were in the car with him at the time he was gunned down, while Mr Stamp was waiting nearby in a hired Hyundai Santa Fe.
The trio are accused of conspiring to rob Mr King, a mid-level methamphetamine dealer, and allegedly used the woman as an intermediary because she had a close friendship with Mr King and could "open the door" and get him to "let his guard down", Crown prosecutor Liam Shaw said during his opening address on Wednesday.
But Mr Shaw said the trio did not go to Salt Ash with the intention of shooting Mr King, instead intending to rob him while armed with the shortened shotgun.
Mr Shaw said it was the prosecution case that the three men were guilty of murder based on extended joint criminal enterprise; that there was an agreement to rob Mr King with the gun and the men contemplated the possibility that, if things didn't go as planned, it could be discharged and cause Mr King at least grievous bodily harm.
Mr Shaw said Mr Cage played a significant role in organising the drug deal and spoke to the woman about wanting to buy half an ounce of methamphetamine from Mr King.
He also said telephone intercepts before the shooting picked up Mr Cage talking about "having no money and wanting drugs" and needing a target to "mug", claiming Mr Cage was in the early stages of planning the armed drug rip.
The three men, Mr King and the woman who acted as the intermediary all met in Cecilia Close at Salt Ash after 1pm on August 29.
There was negotiation between Mr Cage and Mr King about the price of the methamphetamine before Mr Cage said he wanted to try the drug before spending $5500.
Mr King then asked that the group drive around the corner into Hideaway Drive where Mr Cage tried some of the ice in a glass pipe.
Mr Shaw told the jury the woman who set up the deal would give evidence that Mr Cage and Mr Lowcock then got out of Mr King's car and walked back to the Santa Fe.
"What the f--- are you doing? Where's the money," the woman asked Mr Cage.
Mr Shaw said Mr Cage then picked up a taser out of the Santa Fe and discharged it at the woman.
"You want to treat me like a dickhead," Mr Cage allegedly said. "I'll just rob him for everything then."
Mr Shaw said it was the prosecution case that Mr Cage then got back into Mr King's car and said "give me all the drugs now, hand me all the drugs".
Mr King complied, but Mr Cage allegedly said "that's not all you have, give me more and give me all your money".
The woman who had set up the deal tried to stop Mr Cage and screamed out, but was allegedly kicked in the chest by Mr Cage.
At this time, Mr King attempted to speed away with Mr Cage in his car.
Mr Lowcock was nearby and allegedly yelled out "stop the f---ing car" before diving into the back seat.
Mr King's car took off down Hideaway Drive, swerving back and forth before the woman heard a gunshot and the car veered off the road and crashed into a tree.
The woman is expected to give evidence that she ran after the car and then saw Mr Cage get out of the vehicle covered in blood and Mr Lowcock get out holding a firearm.
The men allegedly took a number of items from Mr King's car and kidnapped the woman, telling her "shut the f--- up, you're coming with us."
The group drove back to Raymond Terrace, changed cars and Mr Stamp was told to take the hired Santa Fe and torch it.
He was captured on CCTV in Heatherbrae, where the vehicle was later found burnt out.
Mr Cage and Mr Stamp have pleaded guilty to damaging property by fire in relation to the vehicle.
The woman was driven around Newcastle and at one stage the men allegedly put something over her head and told her to shut up or they would kill her, Mr Shaw said.
She was ultimately taken back to Raymond Terrace and released.
Meanwhile, the three men were arrested at a house at Wallsend a few days later and a search of another hire car allegedly revealed a dismantled shortened shotgun that prosecutors say was the murder weapon.
Mr Shaw said a firearm matching that description was spotted in mobile phone footage from the early hours of August 29, 2021.
On that occasion, the gun was in the hands of a woman with a close association to Mr Cage, but that woman is expected to give evidence that it was Mr King who had the gun.
Mr Shaw said that assertion, that the gun used in the murder was Mr King's, was false and would be disputed by the prosecution during the trial.
The trial continues on Thursday when defence are expected to deliver opening addresses.