The two men charged with murdering teenager Connor Whitehead had their phones tapped and were tracked by police in the days following the fatal shooting in Christchurch.
Security camera footage of Joshua Smith and Daniel Sparks driving around after the shooting has been shown to the High Court, and intercepted phone calls have been presented as evidence.
Smith was heard trying to report his car stolen, and Sparks was recorded telling someone that he had stashed the orange hoodie that he’d worn on the night.
“Oh, my God! We just read it … and Josh is just losing it and we’re f***ed,” said Sparks.
A person is heard telling Sparks that it wasn’t him who fired the fatal shot, to which Sparks replied “I’m still involved though aren’t I?”.
“Whether I like it or not, I’m f***ed … that’s 20 years mate, at least.”
Sixteen-year-old Whitehead was fatally shot after attending a birthday party in Casebrook in November 2021.
Sparks had received a call asking for help when a group of uninvited guests turned up, including members of the Neighbourhood Crips gang.
In a police interview, Sparks said he had only recently met Smith while working together.
He said they had been restoring a boat at an old garage when they discovered a single-barrel shotgun at some abandoned sheds next door and decided to take it home.
Sparks said when the phone call came through, two weapons were loaded into Smith’s car including a Mossberg pump-action shotgun and the one they’d found, a sawn-off Stevens shotgun.
Bottles were being thrown at the pair when they arrived and then Sparks said he heard a gunshot go off.
“Car was getting surrounded, that's when I pulled out the gun and shot a round up into the air. And then everyone started, ‘cause we couldn't get the car out. All the kids and all the people were surrounding the car. We didn't want to run them over.
“No intentions for anybody to get hurt. It was 100% an accident man.
“We knew it was him (Smith) that done it.
“He said he fired it in the bushes above their heads. And I just f***ing lost it. Started crying, I didn't know what to do,” said Sparks.
An audio recording of a police interview with Smith was played when he was talking to an officer from a hospital bed. He’d been admitted for skin grafts after he received bite injuries from police dogs during his arrest three days after the shooting.
“I’m sure bro I didn’t fire any shot.
“I did wave it round …. I waved it at that c*** that was calling himself a Crip.”
When asked if he’d pulled the trigger, Smith said “I swear I didn’t, it (the gun) had nothing in it”.
Smith has since conceded that he did fire the bullet that killed Whitehead but said it wasn’t intentional and he is not guilty of murder.
He can be heard crying as he explains to the officer that he made some "s*** decisions".
“I definitely give a f***. I just want to cry. I will give you the straight-up truth I have a conscience.
“That f***ing poor boy, I’m sorry to the family. I didn’t mean for it to happen like that, for none of this s*** to happen,” said Smith.
He alleged that when they got to the party he did not know that Sparks had brought two shotguns. He said Sparks passed him a gun and then fired twice.
The three-week trial is continuing.
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