A Wodonga man who, alongside his jailed mate, repeatedly assaulted and kidnapped a man over a $50 drug debt claims he doesn’t remember the incident.
Lxjmtzywochlan Nixon-May, 20, on Monday appeared in the County Court where his lawyers told the court that he had no memory of the offending because he was allegedly assaulted by co-accused Scott Coates after the attack on the teen.
Coates, 24, was jailed last week for his “cruel” crimes that included carving “SC” into the teenage victim’s skin.
He had earlier pleaded guilty to a spate of offences, including drug possession and trafficking, false imprisonment, kidnapping, theft, damaging property, and intentionally causing injury.
He was also charged with unlawful assault regarding an altercation with Nixon-May, but those charges were dismissed and there was no evidence other than physical injury, Nixon-May’s lawyer Matt Cookson told the court.
Nixon-May has pleaded guilty to unlawful imprisonment, kidnapping, theft, assault and drug trafficking.
The defence submitted that Nixon-May was not the ring leader, but Coates ran a group called the “Slump Gang”, of which Nixon-May was a member.
“The group was very much centred around Mr Coates. He would refer to his mates as ‘homies’,” Mr Cookson told the court.
Mr Cookson told the court that Coates was the “instigator”.
“But he (Nixon-May) pleaded guilty which means he accepts criminal responsibility for his conduct.” Judge David Sexton said.
“He was an active participant … less than Coates but it is still a very, very serious offence.”
Prosecutors submitted that Nixon-May should be sentenced to a term of imprisonment despite Coates being the “ring leader”.
“He (Nixon-May) punched the victim and was an active participant,” the prosecutor told the court.
While handing down Coates’ sentence last week, Judge Gaynor said the crime spree began when Coates was contacted by another man about wanting to buy three grams of cannabis.
The man was supposed to transfer $50 to Coates for three grams of the drug but fell asleep.
Coates became angry that no payment was made and arrived at a Wodonga home where he and Nixon-May started punching and kneeing the man, Judge Gaynor said.
They then went to the man’s house where they duct-taped him to a chair while collecting 91 items from around the home, including a guitar, watches and gold chains, Judge Gaynor said.
Coates also took a knife from the kitchen and carved the initials “SC” into the man’s skin, the court was told.
Nixon-May punched the victim in the face, prosecutors submitted.
Coates later dropped the man at hospital and he and Nixon-May were arrested days later.
Judge Gaynor likened Coates to acting like a “mafia drug lord”.
Coates was sentenced to 11 months jail and will be put on a two-year community corrections order once released.
Nixon-May’s matter will return to court in June. His bail was extended to that date.
