Masked intruder freed on probation after threats to kill
A MASKED intruder, who grabbed a teenager by his throat and threatened to have him killed in a frightening home invasion in which two girls helped to fight the attacker off, is out of police custody and back home.
Although jail was a possibility the intruder was sentenced to supervised probation.
Dylan John Krauss, 20, pleaded guilty to causing bodily harm to an 18-year-old man at his Boyne Island home on October 14; possession of explosives (fireworks); trespass at a home in The Promenade; using a carriage service/mobile phone to menace/harass; entering a home to commit an offence; and attempting to alarm by threatening to kill.
Krauss sat quietly in the dock at Gladstone Magistrates Court, his bruised eyes clearly visible, the injuries caused by two 16-year-old girls who hit him while trying to help their friend and brother whose throat Krauss held in his grip.
The court heard that the two girls hit and kicked the intruder during the struggle.
During sentence Krauss was supported at court by two elderly women and a young man.
In agreed police facts put by prosecutor Snr Const Sam Pyke, Krauss went to the house at 7.30pm last Wednesday and set off fireworks in the yard.
The 18-year-old later received a Facebook message stating: "Hope you like that you dog".
Snr Const Pyke said the family dog began barking at 10pm and the teenager saw a male standing in the yard with a red bandana wrapped over his face. Only his eyes could be seen.
The intruder yelled "come on you dog" and ran towards the youth who grabbed a mattock handle and held it in defence.
During the scuffle in a garage and then in the living room, Snr Const Pyke said the teenager was pushed into a Gyprock wall, while yelling out to his father for help.
In the struggle he struck a television cabinet causing an arm laceration and when Krauss grabbed him by the throat the girls "repeatedly punched his face".
Krauss let go of the teenager when one girl grabbed his groin.
"Who are you," the teenager yelled at the intruder.
"I'm your worst nightmare. I'll come back with six blokes and kill you," Krauss said.
Snr Const Pyke said Krauss continued to yell at them, saying he would return, and his victims "all feared he would kill them".
Snr Const Pyke told Magistrate Mark Morrow it was a serious offence and "quite scary" for the residents to have someone come into their home wearing a bandana, then all of them having to take him on in defence.
The connection between Krauss and his male victim was a young woman who was not at the house.
Defence lawyer Jun Pepito said Krauss had been drinking alcohol that day with a friend at Boyne Island and set off the firecrackers thinking it was sparklers.
Mr Pepito said his client was injured when the residents were restraining Krauss, the teenage girls kicked and punched him in the face, causing bruises to both eyes.
Mr Morrow said they were defending their home after the man arrived wearing a balaclava over his head and making threats.
Krauss, quietly spoken, then told the magistrate he was drunk at the time and suffered from depression.
"I don't drink very often. I was on a bit of a roll, just completed a diploma," he said.
"Life was going good then went bad pretty quick."
After a 20-minute break to think over his decision, Mr Morrow said he was far from happy.
He ordered Krauss to do 200 hours of unpaid community service work and put Krauss on a supervised three-year probation order.
If Krauss reoffends he will be re-sentenced on these matters.