Homeless man on assault charges after wielding pick axe during eviction from makeshift campsite

A Welcome to Castlemaine sign decorated with two hot rod cars nods to the vintage-loving, hipster community the Central Victorian town has become known for. 

For 43-year-old homeless man Adam “Angel” Nieto, a patch of grass just next to the sign was a place to call home.

Mr Nieto, who began sleeping rough when he was just 13 and has “never had a stable house”, had established a highly visible camp just off the main road through Castlemaine on land owned by the CFA and next to the town’s Country Fire Authority (CFA) station.

But when authorities recently tried to move Mr Nieto on, following half a dozen complaints from the community, he allegedly assaulted a CFA worker with a pick axe and a wooden staff. He is now facing assault charges.

The ABC understands no-one was injured in the altercation.

In June, the CFA gave Mr Nieto and his ex-partner a week to pack up and leave the site after Mount Alexander Shire Council served the CFA with a clean-up notice due to the amount of rubbish at Mr Nieto’s campsite.

Mr Nieto said a bin near the makeshift campsite was taken away and his case worker, Jodie Saunders, said multiple requests to Mount Alexander Shire Council for a replacement bin went unanswered.

On the day, the CFA told Mr Nieto he had a week to remove his belongings, it erected a temporary fence blocking access to his campsite.

Mr Nieto said the fence made it impossible for him to retrieve his belongings and comply with the eviction order.

The CFA said it had tried to help Mr Nieto engage with local support services for homelessness. The contact details of four social support and health services were also listed at the bottom of the eviction notice.

A week later, the CFA had a clean-up crew move in with a small digger and a garbage truck to remove Mr Nieto’s possessions, along with general rubbish he had left at the site.

It was during the clean-up process, when Mr Nieto’s possessions were being thrown away, that he allegedly assaulted a CFA member. 

Mr Nieto has since received replacement essential items from charitable organisations, including The Break Goldfields and the Salvation Army, and set up a new camp 400 metres from the old campsite.

The new site is not visible from the main road and Mr Nieto has not been asked to moved on.

Assault charges

A Central Victorian social services worker has described the treatment of Mr Nieto as an effort to shut homeless people out “so they can shuffle them on continuously”. 

Jodie Saunders, a caseworker at The Break Goldfields, a not-for-profit charity, criticised the actions of the Castlemaine Fire Brigade, the CFA and Mount Alexander Shire Council for their treatment of Mr Nieto.

“Their every day is about surviving and just getting through the day and eating for the day, it’s not about what the locals think or whether they’ve got an unsightly campsite. That’s the last thing that is on their mind,” she said.

“His belongings are his everything. His tent, blankets for warmth and a gas stove to cook with.

“Of course, he will act out if you’re throwing out his stuff.”  

Court documents showed Mr Nieto was facing multiple charges, including assaulting an emergency worker on duty with a pick axe and wooden staff, and having a knife on him.

Mr Nieto and Ms Saunders said his belongings were pushed into a pile with general rubbish by a small digger before a garbage truck was called in to remove it all.

In court documents, police allege Mr Nieto then “advanced menacingly and aggressively” towards the CFA members and workers before turning on one member while brandishing the pick axe and allegedly saying: 

Cleaned up and locked out

The altercation was recorded on a mobile phone and court documents also show the CFA members backed away from Mr Nieto and called the police.

The site where Mr Nieto had built his camp was on excess land beside the Castlemaine Fire Station, which was built in 2009.

The CFA said the land had been leased to a community group for parking, but that lease was recently cancelled at the request of the community group.

In a statement, the CFA said Mr Nieto had refused the Castlemaine Fire Brigade’s offers for assistance and access to support services.

Mr Nieto said he had earlier complied with the CFA’s request to move his campfire one foot away from the CFA’s fence and didn’t want to lose all of his possessions.

“That’s my sanity, everything,” he said.

A Mount Alexander Shire spokesperson said the council had received at least six complaints about the site and had subsequently worked with the CFA to address those concerns.

The spokesperson said the council had decided to help move Mr Nieto on and clean up his camp because of community safety, the amenity of the area and his specific needs.

“Council sought to provide continued and appropriate support to the individual before, during and after the relocation. At all times, the council acted sensitively and appropriately in these circumstances,” the spokesperson said.

Court documents state Mr Nieto was on bail for another incident at the time of the assault and police allege he had become increasingly aggressive each time police spoke with him over several months.

Fire authority says members’ safety at risk

In a statement, the CFA said its members’ safety had been threatened by Mr Nieto and confirmed it had reported the incident to police.

“As a community-based organisation, CFA always has the health and safety of our members and the broader community as a priority, but we also need to balance that with the ability to respond safely from our station as required,” the statement said.

Mr Nieto is set to reappear in court later this month.

Ms Saunders said Mr Nieto’s case was just one example of a growing problem in the treatment of homeless people and a less heavy-handed approach was needed when addressing homelessness.

“I think in the Mount Alexander region we can handle the homeless a lot better,” she said.

“I’ve seen six more people pop up since Angel’s case.

“It’s getting worse, not better, and we need to come up with a resolution. We can’t keep sweeping them under the rug.”