A man who appeared to be wearing a mask was allegedly waving a shotgun at a crowd of teenagers shortly before an innocent bystander was shot dead, a jury has heard.

Connor Whitehead, 16, was shot dead at the party in the northern Christchurch suburb of Casebrook on November 5, 2021.

Daniel Nelson Sparks, and Joshua David Craig Smith, are charged with murdering Whitehead.

On Monday, a three-week jury trial began in the High Court at Christchurch before Justice Melanie Harland. The pair pleaded not guilty to the charges before the trial began.

On Wednesday, the court heard from one of the partygoers.

The boy said his evening started at his house with a couple of mates before going to another friend’s home who told them about a party in Casebrook.

The group got dropped off at the party, with the partygoer speaking to a man who lived at the address when he arrived. He said the adult told him “this is my house, just make sure you respect it”.

He then went outside and saw Whitehead, whom he went to intermediate with, in the driveway and the two had a short catch-up.

Later in the evening there was a tussle outside that partygoers went to watch, he said.

“It’s just what happens at every party to be honest,” the young man said.

• Christchurch shooting: Man facing murder charge kept in custody; another still on the run
• Man accused of murdering Connor Whitehead can now be named
• Man charged in connection with alleged murder of Christchurch teenager Connor Whitehead

The teen went back inside the house and when he returned outside he saw a car pull up with a man getting out of the car armed with a gun. Another man was heard yelling “yoza”, he said.

“I think they were trying to scare us,” he said.

He heard one of the partygoers saying “just shoot me, you’re a b…., you won’t”. People were also throwing bottles at the men’s car.

The partygoer said the man, who appeared to be wearing a mask, with a cap, a black hoodie and pants, was waving a gun around. The partygoer did not think the shotgun, which he believed was black, was loaded.

“I wasn’t really that fazed by it. I just thought it was a scare tactic.”

A short while later he heard a gunshot and hid behind a tree. There was a second shot and he heard someone yell “Connor’s dead”.

The partygoer ran over to Whitehead, who wasn’t moving. At first, he thought he may have been unconscious from being too drunk, but then he saw the blood.

“It was pretty scary thing to see,” the teen said.

Everyone around him was “panicking”, he said.

The partygoer said after the first shot was fired the men drove off, and he said the passenger’s door was still open when the second shot was fired.

Daniel Nelson Sparks, left, and Joshua David Craig Smith, have pleaded not guilty to murdering Connor Whitehead. Photo / George Heard

The Crown alleges both men received a call for help from Sparks’ son by arming themselves with loaded firearms - a Stevens shotgun and a Mossberg shotgun in Smith’s VW Golf.

About 11pm the two accused men arrived at the party. Sparks’ son pointed out the group of people acting aggressively towards him. Sparks approached them and there was a verbal argument. Gang signs were pulled and there was yelling.

Crown prosecutor Aaron Harvey began the trial on Monday before six men and six women by by saying two shots were fired, one by each of the firearms, one by each of the defendants.

The two shots were about six seconds apart. The Crown says the most likely scenario is that Smith fired the fatal shot that struck Whitehead and that Sparks fired a shot from the Mossberg into the air, likely from the car.

Whitehead was shot in the chest. His injuries were not survivable.

There was no suggestion Whitehead was at all involved in the disorder and was standing between 9 to 12 metres away when the firearm was discharged at him.

After the second shot was fired the two men left the scene.

Connor Whitehead's father, James Whitehead, arrives at court ahead of the three-week murder trial. Photo / George Heard

After the fatal shooting police used emergency powers to intercept calls. A few hours after the shooting a call was intercepted between Sparks, Smith, and an associate.

Smith said he had a run-in with the Crips, with 30 or 40 of them coming out of nowhere and surrounding them. Shots were fired, and someone may have been hit.

In his interview, Smith said he did not fire any shots. Sparks said he got out of the car and while out of the car heard a shot being fired. After he heard the shot being fired he got his firearm and fired a shot in the air before they left.

Harvey said both men could be found guilty of murder, regardless of who fired the fatal shot.

Smith’s lawyer, Daniel Kirby, said his client accepted that he was responsible for Whitehead’s death.

However, he said his client was guilty of manslaughter, not murder.

Joshua David Craig Smith is charged with murdering Connor Whitehead. Photo / George Heard

“Mr Smith never intended to kill Connor. He never intended to cause Connor bodily harm, and he never thought that Connor or anyone else would be likely to die.”

He said Smith lied in his police interview from his hospital bed, but that did not mean he was a murderer.

Sparks’ lawyer, Nicola Pointer, said he did not fire the fatal shot, and he had no idea things would unfold the way they did.

“What occurred went well beyond any common purpose that could’ve existed between the men when they travelled to the party.”

Sparks said he got a distressed call from his son asking for help.

He heard a gunshot, quickly returned to the car, and grabbed the Mossberg, discharging a round into the air to scatter the crowd so they could leave.

Justice Melanie Harland. Photo / George Heard