A GUNMAN has admitted to killing Ekampreet Singh Sahni in a car park at Bar Beach last year, but claims he did not intend to shoot the 18-year-old.
Decklen Deaves-Thornton, 23, of Windale, was represented by solicitor Mark Ramsland when he appeared in Newcastle Local Court on Wednesday via audio visual from jail.
He pleaded not guilty to murdering Ekampreet, but guilty to manslaughter by unlawful and dangerous act.
The Newcastle Herald understands Deaves-Thornton intends to claim he shot the teenager accidentally during a confrontation in the car park on Memorial Drive about 11.40pm on April 23 last year.
Deaves-Thornton also pleaded guilty to destroying property in company by fire in relation to torching the stolen Volvo used to flee the scene of the shooting.
The guilty plea to manslaughter was not accepted by prosecutors and Deaves-Thornton will face a murder trial in NSW Supreme Court, likely in Newcastle in 2027.
It was expected the alleged getaway driver, Jack Kennedy, 26, would also enter a plea to murder on Wednesday, but the court heard negotiations were still ongoing and the matter was adjourned to next month.
Detectives allege Ekampreet was gunned down in the car park on Memorial Drive late on the night of April 23 last year.
Police have said a group of people were fighting when a white Volvo drove up, a man armed with a firearm got out, fired, and fled in the vehicle.
Ekampreet died at the scene, while those in the car torched the stolen Volvo at Tingira Heights.
Deaves-Thornton's matter was adjourned to Sydney Supreme Court in November, when he is expected to be arraigned and get a trial date.
Kennedy's matter was adjourned to October 21 when it is expected he will enter pleas to charges of murder, firearm offences, driving offences and setting fire to the stolen car.
The development comes a week after a key witness in the case gave evidence at a committal hearing.
Ja'Rell Warren De Jong, 19, had been ordered to attend court and be cross-examined by prosecutors after he had refused to give a statement to police.
Prosecutors had pushed for the committal hearing and had hoped that De Jong's evidence might provide some fresh information before the matter was committed to NSW Supreme Court.
But De Jong said almost nothing, answering some variation of "don't remember" or "can't recall" more than 50 times under questioning from Crown prosecutor Brendan Queenan.
Videos played during the committal hearing showed De Jong in the back seat of a stolen Volvo at 10.45pm on April 23 - about an hour before emergency services were called to the Bar Beach car park.
De Jong is holding a pistol and prosecutors allege the video shows Deaves-Thornton in the front passenger seat and Kennedy driving.
All three men are wearing gloves, according to court documents.
Police say a bright yellow colour visible between the front passenger seat and centre console is a 30-30 calibre rifle.
About an hour later, a group of people were fighting in the Bar Beach car park when police say the Volvo pulled up and Deaves-Thornton got out with the rifle.
Deaves-Thornton is accused of using the rifle to jab Ekampreet in the chest before shooting him once.
As well as being accused of murder by joint criminal enterprise, Kennedy is also charged with using an offensive weapon with intent to intimidate after police allege he also got out of the car before the shooting.
