Man behind drive-by shooting admits his response to 'rip off' was 'extreme'

Ethan William Crook, 28, was escorted into Bathurst District Court on April 30, 2024 by prison guards as his sentence hearing for possessing an unauthorised pistol began.

Crook pleaded guilty to the charge on January 24, with a separate matter of discharging a firearm into a building being taken into account during sentencing on a Form 1.

The Windera man was called to the witness box and explained how his life on September 7, 2022 - the day of the drive-by shooting - revolved heavily around drugs.

He was questioned by his barrister Mr Nash, who said "there was an omission of being ripped off" in relation to the offence.

"In the months leading up to it, yes, it revolved around drugs. Various drugs, all different kinds. Methamphetamine, coke, marijuana," Crook said.

Court documents state about 1.13am on September 7, 2022, Crook drove a black Holden Astra past a home on Westbourne Drive in West Bathurst three times.

On the fourth drive-by, Crook stopped and shot six projectiles at the property, which was captured on CCTV.

There were no people inside of the home, which, court papers say, Crook knew because he had seen them moments earlier at a different house.

Then about 7am, the Holden Astra was found at the intersection of Icely Road and the Orange Northern Distributor; 50 kilometres away from the address.

Police did checks on the vehicle and found it was registered to a relative of Crook.

Documents tendered to the court state that just after 8.30pm on September 8, police went to the corner of Sampson Street and National Avenue in Orange following reports that a Mazda BT50 had crashed into a telegraph pole.

The car - which was still turned on when police arrived - was taken to a towing yard, where forensics were carried out.

Police found a .22 calibre semi-automatic Beretta pistol with six rounds in a magazine inside of the car.

DNA swabs from the pistol were a match for Crook, and it was later found to be the same gun used at the Westbourne Drive shooting.

Crook was arrested in Orange on September 21 and taken into custody.

The court heard childhood trauma had instigated a life-long tendency to self-sabotage for Crook, who said it would always flow on to "a great downfall" and substance use.

A desire to continue rehabilitation outside of prison walls after completing a number of programs was then expressed by Crook, who had - at the time of his appearance - spent three months and 11 days in custody for these matters.

But it was met with reservation from DPP solicitor Jimil Amiri, who questioned how this time would be different given Crook had done similar programs while serving time beforehand.

"Last time I was three years younger. I suppose I was still in that frame of mind, it didn't affect me as much but this time it really hit home," Crook said.

"I don't want to get out and fall back into old habits again, so I spend my time doing what I can to get out of this position. I'm just going to take it slow [when I'm released] and take my skills to the outside.

"It doesn't stop, it's an everyday thing."

Crook's "extreme" response to what the court heard was about being "ripped off" was further touched on by Mr Amiri, who questioned whether Crook, on reflection, thought it was appropriate.

"It was way too extreme, that's not something anyone should do, nor should they have a pistol," Crook said.

"At the time I was under the influence and stuff was going on in my life, it didn't cross my mind [that innocent people would have gotten hurt]. Now I understand how silly it was and I accept full responsibility.

"No one in the community should have to witness that or be in the same street or town where that's going on, it's not right.

"I deeply apologise to the community, the victims and everyone who has been involved, especially my family."

In his closing address, Mr Nash said the court could consider backdating Crook's sentence given his insight and willingness to change his habits.

"This occurred when his life was spiralling out of control because of drug use and it revolved around drug use. Yes it's a pistol offence, but this episode of offending can't be divorced from his drug use," Mr Nash said.

Judge P Musgrave adjourned the matter, scheduling May 9 at Bathurst District Court as the day she will deliver the sentence.

Crook was granted permission to appear by audio-visual link.