A falling-out since the death of their mother led to a Jindera man turning up at his brother’s house and using his walking stick to smash his way inside.
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Darren James Millar then used the stick to inflict damage on an inside wall while yelling: “I’m going to f … ing kill you, you’re dead.”
The victim yelled at his brother to get out of the house and threatened to call the police, to which Millar replied: “Do it, I’ll wait here for them.”
Millar did just that after stepping back outside and waiting nearby at a public telephone box.
Police arrived at the Springdale Heights house a few minutes later and arrested Millar.
The 47-year-old has pleaded guilty in Albury Local Court to break and enter dwelling and commit a serious indictable offence.
He also pleaded guilty to a fresh charge of stalk and intimidate.
Police told the court how the relationship between Millar and the victim had been “acrimonious” since their mother died.
Police said the victim was at his father’s unit in Klose Street, Lavington, on May 14 about 3pm, as was Millar, another brother and that brother’s wife.
The victim was “very agitated” and got into an argument with Millar that degenerated into a fight that had to be broken-up by other family members.
They all then left, with Millar having suffered minor injuries.
Millar went to the victim’s Springdale Heights home about 8.30pm, entering the yard and walking to the front door.
The victim was woken by the noise and walked to his front hall, about two metres from the door.
Police said Millar used his walking stick to smash a window to the right of the door, spraying glass into where the victim was standing, then smashed the window on the left.
Millar then used his walking stick to break glass in the door.
Millar opened the door, went inside and despite being told by his brother to “get out, get out”, kept walking while hitting the walls three times with his stick.
Four charges were dropped by police, including destroy or damage property and aggravated break and enter and commit a serious indictable office with people present.
Magistrate Rodney Brender ordered that a sentence assessment report be prepared on Millar in order to consider non-custodial options.
Mr Brender adjourned the matter to December 12.
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