Teenager guilty of "shoot-out" murder » Communities » 24dash.com

A 17-year-old youth was facing a life sentence today after being found guilty of murdering a nursing assistant in a "Wild West" shoot-out.

Magda Pniewska, 26, was caught in the cross-fire while two teenagers in hoodies fired at each other across a car park.

She was talking on her mobile phone to her sister Elzbieta Luby in Poland when a bullet struck her in her forehead.

Both the teenagers ran off as Miss Pniewska collapsed on the bottom step of some stairs where the second 17-year-old was firing at Armel Gnango.

Her mobile fell to the ground as well as her shopping bags, which contained toys for her dog donated by pensioners at the care home next to the car park where she worked.

Gnango denied murder but was found guilty by an Old Bailey jury. He was also found guilty of attempted murder of the second gunman and having a gun with intent to endanger life.

He had pleaded guilty to having a prohibited weapon.

The court was told it was not his gun which fired the fatal bullet in John Williams Close, New Cross, south London, last October.

But prosecutor Brian Altman QC said Gnango was still responsible for the killing because he was involved in the gunfight.

The court was told a second youth, who had a red bandana over the lower part of his face, was also arrested but not charged.

He was named by Gnango but denied being involved. Police had insufficient evidence to charge him, the court was told.

Mr Altman said: "In scenes reminiscent of the Wild West, Magda was to become the innocent victim of a gunfight by two total strangers.

"She was caught in the cross-fire between two youths armed with handguns. Each had a score to settle.

"The gunfight tragically ended the life of a young woman who had fearlessly given her life to caring for others."

Mrs Luby flew from Poland to give evidence. She said: "I heard shots. I heard several shots - three or four.

"There was a short break between the third and fourth shot, like a moment's hesitation.

"I asked Magda 'What's happening, what is going on, who's shooting?'

"She said 'Wait a minute, Ella'. The fourth shot came.

"I heard the last breath of Magda. I heard when she fell down, I heard when all the bags fell down."

Mrs Luby said she heard the mobile phone fall to the ground, a few seconds of silence and two more shots which sounded further away.

Gnango told the court he was talking to a friend in a car when he saw the other youth on the stairs taking a gun out and firing.

He said he assembled a gun which he was going to sell for a friend, as he sheltered behind the car.

"I put my hands over my head as I was crouching and let off a shot - it was not more than two shots," he said.

"I was aiming at the sky. I had never shot a gun before. I was panicking. I was trying to scare him off."

But Mr Altman said the youths had fired their weapons oblivious of who was around. Gnango's version of events was not accepted.

It was probably Gnango running off towards an alley that had made the other gunman change the direction he was shooting, hitting Miss Pniewska by mistake.

The two gunmen had been unharmed. The 9mm pistols were found months later - the defendant's in a bag near a sports centre and the other gun in a scooter during a police search.

Miss Pniewska lived nearby with her partner Radoslaw Lipka and was taking a short-cut home.

Mr Lipka and Miss Pniewska's family were in court for part of the trial but flew home before the end.

The judge Mr Justice Cooke lifted an order banning the naming of the defendant.

Gnango was remanded in custody until June 23 when he will be given a life term with a minimum number of years he will serve.

An impact statement from Miss Pniewska's mother Barbara was read in court.

It said: "We have lost a much-loved and loving daughter. My child's life has been untimely cut short.

The conviction, where someone who did not fire the fatal shot has been convicted of murder, is thought to be the first of its kind.

Outside court, Crown Prosecution Service lawyer Jane Scholefield said the facts of the case and the legal issues it generated were unprecedented.

"Even though the defendant did not fire the fatal round and even though Magda Pniewska was not the intended target of either gunman, the defendant bears a joint criminal liability for her death.

"The prosecution could not show that he fired the lethal shot but the issue was one of joint enterprise.

"Each fired their guns with intent to kill at a time when there were bystanders present between them."

Detective Chief Inspector Tony Boughton said: The investigation into Magda's murder is not over.

"Detectives from Operation Trident will continue to gather evidence against the young man we have been told was seen firing a gun at the top of the steps."

He appealed for anyone with information to ring the incident room on 020 8247 4553, or Crimestoppers.

Mr Boughton thanked the 15 witnesses, many of whom had seen the shooting, for giving evidence.

They had their identities protected through screens and voice distortion to reduce the fear of reprisals.

He also paid tribute to the dignity shown by Miss Pniewska's family.