15 Feb 2014

Bouncer jailed over Kings Cross death

6:47 am on 15 February 2014

A security guard who killed a man in Kings Cross, Sydney, has been sentenced to prison for at least five years, but will be eligible for parole in 18 months.

Wilson Duque Castillo, 33, was knocked unconscious after becoming embroiled in a confrontation involving his brother and security guards on 18 December, 2010. He died in hospital two weeks later.

AAP reports one of the guards, Lynn Matia, was found guilty of his manslaughter last year.

In sentencing Matia on Friday, Judge Ian McClintock said there was no consistent or reliable narrative of what happened that night.

What was clear was that a tussle broke out when Wilson's brother Wilmer Duque Castillo and one of their colleagues were refused entry at the Trademark Hotel.

When Matia told them to leave, Wilmer showed him his paint scraper, which he had been using at work.

"There's no doubt that at this point he (Matia) was well in his rights to defend himself," Judge McClintock told Sydney District Court.

After a brief altercation outside the hotel, other security guards began a slow and "relentless" pursuit of Wilmer down Darlinghurst Road.

Wilson then became involved, trying to placate the situation.

It wasn't until Wilmer struck out at ex-NRL star and security guard John Hopoate that Matia became involved, Judge McClintock said.

As Wilson went to defend his brother, the judge said Matia performed an "isolated act of violence" and delivered the fatal punch.

The attack was "spontaneous", and at a time when Matia had little time to reflect on its possible consequences.

Judge McClintock said Matia had acted in "excessive self-defence of another".

Matia, the court heard, was otherwise a "pro-social", gentle man, who cared for his mother full-time.

He had also expressed "wretchedness" in what the fatal attack had done to his and Wilson's family, the court heard.

AAP reports he was sentenced to a maximum of five years, but will be eligible for parole in August next year.