Brothers jailed after festive gun rampage
Two brothers have been jailed after a shotgun was fired in a city street where residents were preparing to celebrate Christmas.
Two brothers have been jailed after a shotgun was fired in a city street where residents were preparing to celebrate Christmas.
George and Martin Smart were in a car that pulled up in Aberdeen's Provost Rust Drive before a gunman emerged from the vehicle and loosed off a shot before reloading.
A second car containing a man who had threatened to kill George Smart had turned in pursuit of their vehicle.
A judge told George Smart (25) and his brother Martin (22) that although they had pled guilty to charges which were significantly less serious than they originally faced a prison sentence was appropriate.
The younger brother was jailed for three years and his older sibling was sentenced to nine months' imprisonment.
The pair had originally denied attempting to murder Graeme Hunter by discharging the double barrelled shotgun at him in the street on December 23rd last year.
But during the second day of a trial at the High Court in Edinburgh the Crown amended the charge to one of culpably and recklessly firing the gun while acting with another.
The younger brother admitted the reduced charge and his brother's not guilty plea to the offence was accepted by the Crown.
Both brothers admitted a further charge of illegally having a loaded Beretta shotgun in a public place.
The court heard that George Smart, of Cummings Park Crescent, in Aberdeen, was known as "Gocky" and that Hunter was involved in an ongoing feud with him.
On the night of the shooting Hunter, who was 25 at the time, sent a text message to his girlfriend saying that he was "awa to take Gocky ot".
Advocate depute Lynsey MacDonald said Hunter sent her a further text stating: "Am awa to kill him x." When she asked him who he was going to kill he responded: "Gocky x".
The prosecutor said: "The reason for the feud is unknown, but relates in some way to an accusation by Graeme Hunter that the Smart family are 'grasses'."
Hunter was a rear seat passenger in a Volvo being driven down Provost Rust Drive when he saw a Ford Mondeo being driven by Martin Smart with his older brother among the passengers travelling in the opposite direction.
Ms MacDonald said: "The silver Volvo turned in a side street and drove back up Provost Rust Drive in pursuit of the blue Mondeo."
The younger brother drove off the road and across a wide grass verge before stopping and the gunman got out and fired a single shot as the Volvo drove along the main road. The shot did not hit anything.
Hunter was detained by police the following day and denied firing a gun. He refused to name those responsible and claimed he did not know who they were.
George Smart was later detained and denied having discharged the shotgun. He later told officers that he knew where the gun was and informed them it was in the Woodside area of the city. He took police to the gun.
Ms MacDonald said Martin Smart, of Aberdeen, was identified as a suspect following DNA testing of the recovered firearm. He was arrested and while at a police station said: "I've never seen a gun, I've never touched a gun."
Defence counsel Loreno Alonzi, for George Smart, said it was accepted that he did not fire the gun and was not aware of its presence until it was used.
"His culpability arises from the fact that having then learnt about the presence of the gun and it having come back into the car he did not act to disassociate himself from the others in the car," he said.
Bill Adam, defence counsel for the younger brother, said he was an immature young man. He said: "There were genuine threats coming from a very threatening source."
Judge Graeme Buchanan QC told George Smart, whose previous convictions include possession of a machete, that the version of events accepted by the Crown indicated his involvement in the offence was "very much towards the lower end of the scale".
He told the younger brother: "I take the view, without much hesitation, that only a custodial sentence is appropriate."
The court heard that Beretta shotgun was among items stolen from a house in Peterculter in October last year following a break-in.
Katrina Anne Paul told the court that she had been at home in Provost Rust Drive on the evening of the shooting wrapping Christmas presents when she looked out the window.
She said: "I could see a car with the headlights facing into the house and a man standing with a gun beside the car. He actually shot it at another car that was driving down the main part of the road."