Kidnapping charge after citizen’s arrest

A Southland man who made a citizen’s arrest after finding a stranger on his property ended up being charged with kidnapping.

However, all the charges against David John Wilson relating to the June 3, 2019, incident have been dismissed by Judge Peter Rollo.

Wilson stopped Timothy Casey as he tried to steal a motorcycle at

4.20am from his property. Judge Rollo has dismissed the five charges Wilson faced of kidnapping, presenting a firearm at another person, charged as a party, carrying a firearm and possessing a firearm without lawful proper or sufficient purpose, and careless use of a firearm.

The judge found Wilson’s citizen’s arrest met the criteria to do so under the Section 35 of the Crimes Act, and the threshold for the rest of the charges was not met.

The court was told that about

4.20am on June 3, 2019, Wilson heard a noise on his rural property near Te Anau, and confronted an intoxicated Casey, trying to steal a motorcycle from his barn. Judge Rollo said it seemed Casey acknowledged he had been caught red-handed.

The judge’s decision says Wilson

confronted Casey on the driveway where Casey had managed to get the motorcycle to drive a short distance from the barn.

Wilson persuaded Casey to come back to his house and promised him a cup of coffee.

Wilson told Casey to wait in the lounge room and made him the coffee, then woke his wife and told her to ring the police. He also gave his 16-year-old son a Benelli shotgun before going to check the rest of the property as he feared associates of Casey’s may have been nearby.

Wilson placed the shotgun and on his son’s lap, who he directed to sit in a particular chair where had a clear line of vision to Casey, about three to five metres away, the judge says.

He told his son ‘‘this shotgun is only if your life or your mother’s is in imminent danger’’.

The son gave evidence saying the gun was pointed muzzle down, not held for shooting but in a position where it could be easily put into a shooting position, the judge says.

Wilson then took out another shotgun from his gun safe for himself as he was uncertain whether those associates might be armed or perhaps attempt to retrieve Casey from inside the house. There was no physical confrontation between Casey and Wilson at all that night nor any threats.