He was also sentenced for his part in a violent assault at a bar six months before the brawl.
Kimiora faced charges of discharging a firearm near a dwelling in relation to the brawl, injuring with intent to cause grievous bodily harm, and two charges of assault with intent to injure for the bar attack.
The court heard that on a Saturday afternoon in August 2023, the Head Hunters and a rival group made up of the Rebels and Fitus gangs met at Taurima Reserve, in Pt England, East Auckland.
The agreed facts said Fitus is a “familial gang” based in Ōtāhuhu and Māngere, South Auckland, which has aligned itself with the Crips and the Rebels.
The rivals were meeting for what was supposed to be a “preorganised fight” in the park, the facts said.
Surrounding residential CCTV cameras and cell phone footage captured most of what unfolded.
A group of about 15 Head Hunters stood outside the reserve on Taurima Ave, while Rebels and Fitus members gathered at the opposite end on Anderson Ave.
Kimiora arrived about 1.30pm and joined the Head Hunters. About 10 minutes later, his co-offender, Afe Pua, joined them too.
The facts said Pua was also a Head Hunters associate and was accompanied by an unknown man in a white hoodie and black vest.
The unknown man promptly disappeared up Taurima Ave, away from the park, and out of the CCTV footage.
An hour later, a handful of Head Hunters, including Pua, made their way into the park, with the remaining members left standing on the street.
A group of about 40 Rebels and Fitus members also headed into the park ready to incite violence, the facts said.
Pua, seeing the outnumbering rival group, ran back to tell the Head Hunters on the street.
One of their group raised his right arm in the air, waving as if to signal someone further down the street, the facts said.
Seconds later, Kimiora, looking down the street, also waved his right hand, as if directing someone to come forward.
Pua stood by Kimiora and also looked down the street as if waiting for someone to appear.
Seconds later, the unknown gunman sprinted past them and, as noted in the facts, Kimiora stopped waving.
Pua advanced with the gunman while the man “discharged rounds” at the rival gangs.
As a result, Rebels associate Viliami Tonga and a patched Rebels member suffered gunshot wounds to their lower bodies.
At least four members of the Rebels and Fitus gangs returned fire, and Pongi was shot in the left shoulder, later dying from his injuries soon after arriving at hospital.
Six months earlier, Kimiora, Tepania Mauala and a third man were at a bar with friends in East Auckland when they got into a fight with three other men.
The fight escalated into a “serious assault” by Kimiora and his co-defendants, which continued once the victims had been knocked to the ground and two were unconscious, according to the summary of facts.
‘Was it the gangs?’
In court, Judge Ngaroma Tahana questioned why, according to comments made by Kimiora in a Corrections report, he did not seem to accept that he had signalled the gunman.
Kimiora’s lawyer, Miriam Jenkins, said her client had pleaded guilty to the summary of facts, which was his way of accepting responsibility for what he had done.
He had spent 117 days in custody after being arrested, and then seven months on electronically monitored (EM) bail at the Grace Foundation residential rehabilitation centre.
His lawyer said he had made good progress at the Grace Foundation, which was reflected in the roles Kimiora held within the institution.
Because of an alcohol and drug report and a psychological report before the court, Jenkins sought a 15% sentence discount for his personal background factors.
Judge Tahana questioned whether 15% was “rather high” considering that, compared to others who come through the courts, Kimiora had a “relatively good” childhood.
Jenkins acknowledged Kimiora’s good upbringing and his respect for his parents, but she said his history with drugs and alcohol had “led him down this unfortunate path”.
“Was it that or was it the gangs?” Judge Tahana countered.
“I can’t take that much further,” Jenkins replied.
Crown lawyer Rebekah Vercoe said any connection between Kimiora’s background and the offending would be at the “lower end of the scale”.
The judge reduced Kimiora’s sentence for his background factors by 7.5% and also gave credit for his time spent on EM bail and his rehabilitative efforts.
“You have begun to address the drivers of your offending,” the judge said.
She uplifted Kimiora’s sentence for signalling the gunman while on bail for the assault and sentenced him to nine months’ home detention, which would be continued at the rehab centre.
“You’re aware you’re not meant to communicate with other Head Hunters [while on sentence]?” Judge Tahana asked Kimiora.
“Yeah,” he replied.
Ella Scott-Fleming has been a journalist for three years and previously worked at the Otago Daily Times, Gore Ensign and Metro Magazine. She has an interest in court and general reporting. She’s currently based in Auckland covering justice related stories.