Teenagers found guilty of manslaughter in Supreme Court trial

By Liz Mellino

Two teenagers were found guilty of manslaughter in the Supreme Court yesterday following the death of a man in Shepparton last year.

Dyllon Michael Kilpatrick, 18, and a boy, 17, who cannot be named for legal reasons, will return to court in three months for a pre-sentence hearing.

The week-long trial finished at lunch time on Tuesday when the jury of eight men and four women retired to deliberate its verdict.

The jury members returned to court yesterday morning where they delivered a guilty verdict for both Kilpatrick and the boy in relation to manslaughter.

The teenagers had already pleaded guilty to attempted robbery and theft of a motor vehicle.

The court was silent when the jury delivered its verdict yesterday before the two teenagers were taken away by custody officers.

Following the decision, Kilpatrick’s defence counsel Marcus Dempsey told the court they would be obtaining a neuro-psychological report prior to the plea hearing.

The teenagers were charged with the death of Sarwar Yaqubi, 43, who died on July 27 last year after he was run over by a passing vehicle on Poplar Ave following a scuffle between him, Kilpatrick and the boy.

The prosecution successfully argued that the actions of Kilpatrick and the boy placed Mr Yaqubi in a position of danger in the middle of the road, leading to him being fatally struck.

The defence case argued against Mr Yaqubi’s level of incapacitation and that the cause of death was not through an act of Kilpatrick and the boy, but through the actions of the driver.

Kilpatrick and the boy are expected to face court again later this year.