The heard what Matthew Thomas Foley of Russell Street told city police after he surrendered the night after the shooting.
City Police were told by Foley two bricks were thrown through the windows of his tattoo shop on Union Street July 6th and Schimpf was involved.
On July 13th, Schimpf returned to the shop with two big rocks and threw them at Foley damaging some of his equipment.
Foley got a gun and the very next night was standing outside the Bacchus clubhouse on Pitt Street when he saw Schimpf walking towards him with his hands behind his back.
Foley claims he didn't know whether Schimpf had a weapon so he pulled out his gun. The victim started running down Pitt Street. Foley says he wanted to shoot Schimpf in the legs and had no intention of killing him. Schimpf died after his aorta was lacerated by a bullet.
Police recovered 8 shell casings from the street. The court was told Foley helped police find the gun and has written a letter of apology.
