A young man who fatally shot his ice-fuelled neighbour as he aggressively wielded a pickaxe handle has been found not guilty of murder by a judge.
Nathan Joseph Price wiped away tears as he was also found not guilty of the lesser charge of Jesse Herridge's unlawful killing by Justice Stephen Rothman on Monday in the NSW Supreme Court.
The 20-year-old genuinely believed his conduct was necessary to defend his mother and himself on June 24, 2019 outside his Porter Street home in Parkes, Justice Rothman said in his judgment.
His response was found to be reasonable given the threats he and his family had faced.
When Price pointed the sawn-off shotgun at his 25-year-old neighbour "one would suspect ... he would have retreated".
"Instead he became more enraged and rushed at the accused.
"The purpose of obtaining the shotgun was ... in order to have the deceased desist from his threats with the pick handle."
Witnesses described the deceased as "acting staunch" due to the high levels of methylamphetamine in his system at the time, the court was told.
The neighbourhood dispute was sparked in the afternoon when a distressed young woman walked past Mr Herridge's home and yelled at his barking dogs.
"Shut the f*** up," she shouted to which the animal owner responded: "You shut the f*** up you redheaded slut".
Price was 18 and living with his mother Tracey Simpson when the young woman walked in and said "the young fella up the road had given it to her".
Ms Simpson was described by her son "as someone very protective like a mother hen" and when she went outside the confrontation continued from across the street.
Mr Herridge retrieved a pickaxe handle from underneath his car before running down the road and yelling something like "c'mon then".
His partner chased after him calling out to "stop ... but he was not listening," the judge said.
All the witnesses described him pushing past Ms Simpson and moving towards Price holding the weapon above his head with both hands, ready to swing.
Price later told police: "I told him I had it. I told him to stop. I f***ing gave him his warnings."
The Crown argued that Price should have taken other steps such as calling the police to diffuse the argument.
But given they arrived four minutes after the shot was fired and they had been called, the altercation would have already concluded before they could have intervened, the judge found.
Price was discharged for these offences but awaits in prison on an outstanding firearms charge.
.png?w=600)
