Sergeant Luke Warburton from the canine squad was the primary police officer to reply. He sprayed Mr de Guzman twice with capsicum spray and started to wrestle with him on the bottom, in a “livid melee” that got here to incorporate hospital safety workers and different officers.
Throughout the scuffle, Mr de Guzman grabbed Sergeant Warburton’s gun out of his holster and shot twice. One of many bullets hit Sergeant Warburton at shut vary, getting into simply above his pubic bone and exiting his left buttock, severing his left femoral vein.
The opposite bullet hit a safety guard within the leg, inflicting critical harm to his shin.
On Tuesday, on the opening of a trial within the NSW District Courtroom, Crown prosecutor Mark Tedeschi, QC, mentioned Sergeant Warburton would have died from big blood loss had he not been shot in an emergency room.
Mr Tedeschi mentioned one other police officer grabbed the gun whereas it was nonetheless in Mr de Guzman’s hand and used his finger to cease the slide of the Glock 22 from transferring. This prevented spent cartridge circumstances from being ejected, which meant the gun couldn’t be fired.
“Throughout that point the accused had his proper index finger over the set off and a variety of occasions utilized stress to it in try to fireplace extra rounds,” Mr Tedeschi mentioned. “He was unable to efficiently hearth the gun once more.”
One other police officer pulled out her gun, and Mr de Guzman allegedly mentioned to her: “Your buddy is useless. The policeman is useless.”
Giving proof, Sergeant Warburton – who now walks with a slight limp after having 14 surgical procedures – mentioned he heard two bangs that he recognised as gunshots however he didn’t instantly realise he had been hit.
When he realised he was injured, he moved himself away and made a brief cellphone name to his spouse, considering he was about to die.
Mr de Guzman has pleaded not responsible to 11 costs together with capturing with intent to homicide, inflicting grievous bodily hurt with intent to withstand arrest, and take/detain individual with intent to acquire benefit.
His barrister Sam Pararajasingham mentioned there was no dispute concerning the bodily acts that occurred, however argued Mr de Guzman had a psychological sickness defence accessible to him.
Mr Tedeschi mentioned Mr de Guzman was not entitled to say a verdict of not responsible on the grounds of psychological sickness, as a result of his “delusions and aggressions on the day in query wouldn’t have occurred however for his use of the drug ice”.
The court docket heard Mr de Guzman had beforehand been recognized with a psychotic situation and fashioned a “utterly delusional” perception that his spouse was having affairs with different males.
He was utilizing about $100 of ice per week and, within the days earlier than the capturing, he started to imagine his spouse had “fallen prey to a felony group which was utilizing her in a prostitution ring”.
The trial continues earlier than Choose Christopher Robison.
Georgina Mitchell is a reporter for the Sydney Morning Herald.