A Horsley man accused of firing a gun five times in broad daylight less than 100 metres from a primary school was acting in self defence, a jury has heard.
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Details of the suburban street shooting were aired to 12 jurors who will decide the fate of Derek Scott Ferguson during his Wollongong District Court trial, which began on Tuesday.
Ferguson, who has been in prison since his arrest, has pleaded not guilty to two firearms charges, claiming he fired the shots because he feared for his own safety and that of his family.
Crown prosecutor Nerissa Keay alleged Ferguson was at his Denham Drive house on November 15, 2019 when three men, Michael Black, Rian Kinloch and an unknown driver, arrived at the premises in a silver Ford Falcon.
Ms Keay alleged the CCTV footage of the incident, which the Crown case heavily relies on, shows Ferguson, Black and Kinloch having a conversation through Ferguson's front door before Black tries to rip open the front screen door.
The Crown alleged Ferguson pulled out a silver pistol and shot three rounds at the men through the screen door.
The men flee on foot towards Dapto Public School, located less than 100 metres down the road.
The footage, played to the court, shows Ferguson run out of the premises and allegedly fire two more shots at the group, in the direction of the school.
Ms Keay alleged Ferguson got in his white Toyota Camry and left his home for about six minutes, before returning, searching the car, then throwing an "unknown object" over the top of his home.
Concerned neighbours contacted police, who arrived 15 minutes later and declared a crime scene.
When asked what had occurred, Ferguson allegedly told detectives "nah, nothing mate, nothing happened", refused to talk further and was arrested.
Ferguson's defence barrister David Dalton said his client "did not fire to actual hit either of the men" when they were at "point blank range" and claimed the "two violent and very dangerous men arrived at his house with a gun".
"They threatened to kill him even though his wife and children were home," Mr Dalton said. "Black told him, 'I'm going to put you to sleep'.
"[Ferguson] even offered to meet them somewhere else."
Mr Dalton claimed Ferguson only fired the shots when Black "pulled the security mesh door...off its hinges".
"He was trying to scare them off...which is what happened," Mr Dalton claimed.
"He was defending himself and his family in his own home from these men who wanted to rob him, potentially kill him and do who knows what to his wife and children."
The court also heard Ferguson had been pre-warned about the expected confrontation and had obtained a gun.
The jury was shown crime scene photos of three holes in the front door consistent with bullet holes, being shot from the inside out, as well as ricochet marks on the driveway, a projectile and a bullet casing in the front garden.
Ms Keay said swabs of Ferguson's hand showed they had gunshot residue and it was not disputed by the defence that Ferguson had fired the gun.
The jury were told they would not hear evidence from Michael Black as he died earlier this year. They will be played a recorded interview he had with police where he denied he was there.
Ms Keay also told jurors they would hear evidence that Rian Kinloch's fingerprints and DNA were found in the car.
Recorded telephone intercepts Ferguson made to friends from prison will also be played to the court, where Ms Keay said Ferguson joked about the incident and mocked the reaction of Black and Kinloch as they ran away from the house.
Mr Dalton told the court they would hear Ferguson say he thought he needed a gun because he was "getting threatened by a bike club".
When a friend asked about the shooting taking place near the school, Ferguson allegedly said, "let me tell you now, when adrenaline is kicking, you don't give a f--k".
Ms Keay said the Crown would try to prove, beyond reasonable doubt that Ferguson "did not act in self defence, did not act to defend himself or his family" and his actions were "not reasonable".
On Monday afternoon, the jury heard from several Denham Drive neighbours who witnessed or heard the gunshots.
Melinda Cromptom told the court she was on a conference call when she heard a commotion then "what she thought was gunshots".
She told jurors she went to her back door, "stayed down low because I was worried" and after hearing another set of gunshots, which caused her dog to get scared, she heard Ferguson's wife screaming.
Ms Cromptom brought her dog inside, locked the door and shortly after called Triple-0.
Upon going upstairs to check on her mother, Ms Cromptom said she looked out the window and "saw Derek come out of his house with a gun in his hand".
She later provided a statement to police and they seized her home security footage.
The trial continues.
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