Timothy Yavion Demartino was sentenced to five concurrent jail terms in Dubbo District Court yesterday when he faced acting Judge Sir Robert Woods on multiple firearm and drug charges.

The 54-year-old, described in court as a well-known and successful builder, will be eligible for release on parole on February 26 next year.

Demartino was arrested on May 27, a day after shooting at the Naked Gun Tattoo and Body Piercing Studio in Lee Street, Wellington.

He has been held in Wellington Correctional Centre since that time.

Demartino was charged with firing a gun in public, possessing unauthorised, prohibited weapons (the lever-action shotgun and a semi-automatic carbine rifle) and failing to keep firearms safely.

Drug charges included the possession and supply of trafficable quantities of the prohibited drugs cannabis and amphetamine and the cultivation of cannabis seedlings in a hydroponic set-up.

Demartino’s de facto partner Jo Ann Rose Hillyar, 28, was also charged with drug supply and possession offences.

The pair were arrested after detectives from Orana Local Area Command executed search warrants on residential and commercial premises in Wellington.

While handing down his judgement yesterday acting Judge Woods said Demartino made full and frank admissions and had never been in trouble with police prior to the May 26 shooting.

“He has been successfully employed all his life and moved to Wellington four years ago,’’ Acting Judge Woods said.

“It is hard to understand why such a successful man would start using drugs at this stage of life.’’

Acting Judge Woods accepted Demartino was frustrated that he had not been paid for building work completed for a friend.

Mulling over the grievance

for several days, he deliberately went to the tattoo studio to teach the man who owed the money a lesson.

“Firing a weapon in the middle of a main street cannot be regarded as benign, even if it occurred in the early hours of the morning,” acting Judge Woods said.

“There are procedures for the recovery of debts and people cannot take the law into their own hands.’’

Demartino claimed large containers of drugs and prohibited substances found in small, resealable plastic bags were for his own use.

Acting Judge Woods found no evidence of actual drug trafficking but said illegal drugs caused great harm to the community.

The court heard Demartino was at a low risk of re-offending and with support from family and business success he had good prospects of rehabilitation.

He was sentenced to 18 months jail for shooting at the tattoo parlour, three additional six month terms for drug supply and firearm offences and three months for cultivating drugs. The sentences, dating from his May 27 arrest, are to be served simultaneously.

Demartino was fined $600 for failing to keep firearms safely and $500 to supplying a prohibited drug.

Jo Ann Rose Hillyar sat in the public gallery during yesterday’s court appearance.

She waved and blew kisses to Demartino as he was led into and out of court.

Hillyar was fined $1000 in Dubbo Local Court on September 8 after pleading guilty to drug possession charges.

Two drug supply charges against Hillyar were withdrawn and dismissed on September 1.