‘Stumbling, dying in pain': Woman breaks down reliving alleged moment Timothy Van Vo shot dead near Corinda home
Justin Richard Moulds-Steele, Andrew Van Mason, Cheyenne Anniki Petryszyn and Jay Allen Roberts are all charged with the murder of father-of-two Timothy Van Vo outside a home in Corinda three years ago.
Police allege Mr Vo, 38, was shot in the chest following an early-hours altercation outside a residence on Cliveden Ave – allegedly sparked over a dispute about a poor quality drug deal.
All four have not entered pleas to the charges.
During a committal hearing at Brisbane Magistrates Court on Tuesday, CCTV from the morning of October 4, 2022 – when Mr Vo died – was played to the court.
The brief black-and-white footage captures several figures brawling in the yard of the home before a weapon is fired.
Mr Vo is seen collapsing and blood spattering in the yard, before the groups separate.
Breanna Spiteri told the court she went to bed about 3.30am that morning and later heard a commotion break out involving her partner, who is not Mr Vo.
She said she heard 'loud, unusual' noises and someone being 'bashed', before racing downstairs and hearing a gunshot.
Ms Spiteri said she opened the door to find a male body on the ground.
She choked up in the witness box while recalling watching CCTV of the incident, seeing 'Timothy just stumbling around and dying in pain'.
'I didn't see that with my eyes, I just witnessed him laying on the ground,' Ms Spiteri said.
'But in the CCTV he is in so much pain, screaming and crying.'
Under cross-examination, Ms Spiteri acknowledged she believed she heard her partner crying out for help while he was allegedly being assaulted by three people at the home.
But after watching the footage, she acknowledged she did not see anyone 'striking or punching' her partner.
Barrister Angus Edwards – acting for Mr Moulds-Steele – asked: 'You've assumed what you were hearing was punching and kicking, but you didn't actually see anything?'
'Correct,' Ms Spiteri said.
She told the court she then ran out the door and saw five figures, including her partner, in the yard.
After ripping off one's balaclava, she realised one was a woman.
'She was just standing there, and I just come sprinting down the stairs, approaching the door fast … and just attacked her,' Ms Spiteri said.
'She backed up and she wasn't even fighting back.
'I was just so overwhelmed and enraged I just ripped off her balaclava.
'I could see the tallest person in a black balaclava holding a weapon in his hand, and he was shaking. He was the first person to turn around, sprint and jump over the fence.'
Ms Spiteri said she was then assaulted and fell back, before the rest of the group fled.
The Crown is expected to call 22 witnesses for the committal hearing.
The hearing continues.
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