Occurred: 9 March 2009
Sentenced: 8 September 2011
Where: 7 Dalgety Street, Preston
Convicted: David Allan Curran
Victim: Vinicio Cervi
What happened
Vinicio (Vince) and David were mates. Over the years, their living arrangements had varied, and it ended up that Vince was living in an apartment in David's factory lot in Coburg and David was living in Vinicio's home in Preston. They agreed to move out of each other's homes and return to their own.
During the moving process things got heated. Vince was upset that David had left his house so messy. Then at the Coburg factory, David moved Vince's trailer and damaged it. When Vince found out he yelled obscenities at David infront of some prospective buyers of David's factory. David remained very calm to the abuse. However, he went over to Vince's property later that evening, armed with a semi-automatic pistol. The two got into a fist fight in the front yard. David fired four shots, hitting Vince twice: once in the leg and once in the abdomen, which perforated his aorta. He died at the scene.
A heavyweight champion, Vince is pictured on the right. |
Victim's background
Vince, a former Australian Heavyweight Champion, died aged 41. He was a professional boxer and carpenter by trade. He left behind his de facto partner, siblings and his mother. He was much bigger than David and it is thought he was gaining the upperhand in the brawl they were having before he was shot. The judge considered Vince's girlfriend an unreliable witness during the trial because she gave evidence that she witnessed the shooting but on cross-examination admitted to lying (to make it more confusing, the judge observed her hostility to the defence barrister was such that she admitted to lying to things that were probably not even lies). During the shooting she was inside the house protecting her eight year old son, Blake, who also gave evidence at trial.
Vince has his own wikipedia page here.
David was 45 at the time of the shooting. The youngest sibling of six, he left school after completing Year 10 and worked in panel beating, running his own business from the age of 23. He later went on to own and run a gym. David was at one time Vince's boxing trainer and boxed until his arm and wrist were injured in a car accident when he was 20.
David had several prior convictions for aggravated burglary, intentionally threatening serious injury and four incidents of assault. He has battled an alcohol problem. He has fathered three children to three different women and been married twice. The judge noted in sentencing that David had turned over a new leaf since 2000 (his last conviction) and had become a supportive father to his children. His son, Darcy, was described as a "troubled youth" and has been getting into more trouble without his father around to keep him in line.
The judge also recognised that David has a generous spirit, providing assistance to a friend with two young children who had sustained brain damage in a car accident, accommodation to a friend who had become homeless, helping out friends whose houses burnt down on Black Saturday, training a troubled youngster in his gym and financially assisting Vince, who had money problems.
Outcome of trial: David pleaded not guilty to murder but a jury found otherwise. He continues to maintain his innocence.
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