A man who threatened a teenager with a knife and then left on the boy’s e-scooter said he needed transport in a hurry because he was close to breaching his curfew.
A shirtless and heavily tattooed Dylan Rex Riosa walked into a house on a January evening this year as the 13-year-old victim sat on a couch, having arrived home after a swim with friends at a local pool.
Riosa tried to say he thought he had gone into his brother’s home, but the large tattoos on his back gave him away, as did a specific question.
He asked the teen at knifepoint not if he could have the scooter, but the whereabouts of his stepfather.
The teen’s evidence was that the knife, which looked like a hunting knife or something “you might cut steak with”, was pointed at him by an “angry” Riosa who stood a couple of metres away.
Riosa was convicted today in the Nelson District Court of aggravated burglary after the judge found the teen’s account of what happened more credible.
Judge Garry Barkle said the court was satisfied beyond reasonable doubt that the knife used to threaten the teen had been in Riosa’s backpack when he entered through the front door, and that aggravated burglary had been committed.
Defence lawyer Josh Friend claimed at the judge-alone trial Riosa had mistaken the address for his brother’s, who had lived in the neighbouring property for some time.
At the time, Riosa was on community detention for earlier offending and had a 7pm to 7am curfew.
He had gone out and by 6.25pm knew he wouldn’t make it back to his address in time if he walked.
He argued he had gone to what he thought was his brother’s place hoping to find a way home, saw the e-scooter, “knocked on the door” but no one answered, so he picked up the scooter and left.
It had been given to the teen weeks earlier as a Christmas present and was later returned.
Riosa didn’t deny he took it, but said he didn’t enter the house or threaten violence.
Crown prosecutor Daniel Baxter said it did not form part of the charge. Entering a house with the intent of committing an imprisonable offence formed the substance of the aggravated burglary charge, he said.
Caught on CCTV
On January 7 this year, the teen had been at a pool with friends. He got home about 6pm while the rest of his family, including his mum, stepdad and a brother, were swimming at a nearby river.
He arrived home through the back door and opened the front door, planning to head to a friend’s place, before sitting down on the couch.
Riosa then walked in through the front door, despite his evidence he had spent at least 30 seconds knocking because the door was shut.
He was seen on CCTV entering the property and leaving on the e-scooter less than a minute later.
The teen told police Riosa looked around before he went upstairs, returned holding a knife and said he was looking for the teen’s stepfather.
The teen gave a clear description of the 32-year-old, including black pants, no shirt and a “massive tattoo” on his back.
Police photos showed Riosa had three dragons tattooed across his back.
He was carrying a blue bag over one shoulder when he arrived.
Riosa was seen wearing the bag as a backpack when he left, which meant the only way the victim could see his back was when he was inside the house, Judge Barkle said.
‘Shaking and crying’
Evidence given later by the boy’s mother described him as “very badly shaken up”.
“When I first saw him he was very scared, shaking and crying,” she said.
She had been phoned by a friend, who the teen ran to for help, and was told her “home had been invaded” and her son was “in a mess”.
The witness said the teen was scared, out of breath like he had just been running and had probably been crying.
Much of what the teen told police in an interview matched the statement he gave officers when they arrived soon after the incident.
A constable reconstructed Riosa’s likely route through the house and found he could have done what the teen claimed within the 43 seconds he was in the house, according to timestamps on the CCTV footage showing Riosa arriving at the front door then leaving.
Judge Barkle said it was not a strong pillar of the Crown case but it could not be overlooked.
He acknowledged a defence submission that the knife had never been found but the teen’s repeated description of it was convincing.
The judge also acknowledged a defence submission that the teen was inconsistent or in error at times but that did not detract from the overall assessment and evidence, which was believable and reliable.
Judge Barkle said the teen’s conduct after leaving the house to get help was also consistent with him having suffered an ordeal.
He said Riosa, in cross-examination, was implausible and inconsistent about having mistaken the address.
He was remanded in custody for sentencing in late November.
