Trio bashed drunk gambler, stole his winnings
TWO of three men who bashed and robbed a Brisbane alcoholic of his gambling winnings before leaving him "terrified” and alone on a suburban road are free.
Co-defendants Troy Anthony Fitzpatrick, Richard John Nelson and Drue Phillip Tryhorn were sentenced on Thursday for their "life-changing” attack in February last year.
Judge Dennis Lynch also sentenced Fitzpatrick for the theft of $40,000 in rings and for biting their owner during the brazen spur of the moment robbery in Gympie.
The trio pleaded guilty in Brisbane District Court to robbery with violence after they, and a fourth man who has since died, befriended a drunk man at a pub in Strathpine.
The five men left the venue in the early hours of February 26, 2016, and drove around Brisbane looking to score some drugs.
Unable to find a dealer, the men took their unsuspecting drunk victim to a secluded road.
Once they pulled over, Nelson held the victim by the throat while Fitzpatrick grabbed the man's legs and pulled him from the vehicle, dragging him onto the road.
Nelson again grabbed the victim around the neck, this time threatening him before grinding his face into the bitumen.
Tryhorn pinned the victim's legs to the ground as Fitzpatrick stole his wallet.
Fitzpatrick pocketed the man's gambling winnings of $1000 and tossed his wallet away.
The men also stole the victim's mobile before leaving him bruised, scratched and bloody to make his way in the dark to find a phone to call police.
Tryhorn and Nelson were quickly arrested but Fitzpatrick fled to NSW and had to be extradited to Queensland.
The court also heard how Fitzpatrick grabbed a tray containing $40,000 worth of rings from a jeweller in his hometown of Gympie in August 2015.
Fitzpatrick bit the store owner, drawing blood, when the jeweller tried to stop the thief.
Judge Lynch described the Brisbane robbery victim as an "alcoholic” who was left extremely "terrified” and in fear of his life following the attack.
"The fact that he (the victim) was intoxicated, this was no excuse for your conduct,” he told the three men.
"Your conduct had a significant impact on his daily enjoyment of life.
"He feels unsafe, he was worried that you would come back and inflict further violence on him or arrange for someone else to do it.”
Judge Lynch said the Gympie victim reported ongoing problems related to the bite wound and that his life had also been changed for the worse since the attack.
Fitzpatrick, a 45-year-old father of five, was sentenced to three years in jail. With 513 days spent on remand, he was released immediately on parole.
Tryhorn, 34, was sentenced to two years in jail. With 15 months spent on remand, he was also released immediately on parole.
Nelson, 41, received 15 months in prison. With, 56 days spent on remand he will be released on a suspended sentence in a few months.