Emotional scenes as alleged killer walks free

The family of murder victim Mark Colbung say they will never get over the not guilty verdict handed down to the man accused of his killing.

A Supreme Court jury in Albany deliberated for 12 hours across two days last week before returning a not guilty verdict to the charge of murder against Perth man Danny Jay Brooks and not guilty to the alternative charge of unlawful killing.

The prosecution case, which revolved around evidence of key witnesses and friends of Mr Brooks, Rhys Rogers and Murray Tompkins, failed to convince the jury 37-year-old Mr Brooks pulled the trigger of a modified nail gun on September 13, 2013.

The testimonies of both men, who were criminal associates of Mr Brooks, were discounted by the jury. Mr Brooks, who has been imprisoned since he was charged in September 2013, wept as the verdict was delivered to the shock of Mr Colbung's family who launched a tirade of abuse at him as they left the court.

The murder trial, which spanned four weeks, heard the alleged murder occurred over a stolen wallet of Mr Rogers.

Mr Colbung was gunned down after Mr Tompkins drove him to bushland at the end of a quiet cul-de-sac on Barnesby Drive.

Mr Brooks and Mr Rogers arrived on the scene in a ute. Mr Colbung "became agitated", pulled the handbrake of the car and ran to the passenger side of the ute.

From the driver's side of the ute, Mr Brooks was alleged to have fired a shot through the passenger window into Mr Colbung's cheek before he got out of the vehicle, kicked him in the back and pressed the tool behind his left ear and fired again, the court was told.

The gun was never found and the car Mr Colbung had been in was found torched in Marbellup days later.

Outside court, Mr Colbung's grandfather Aden Eades, who had supplied a victim impact statement to the court, said the family was disappointed.

"It's been a terrible time as we have all struggled, all the time waiting for this trial," he said.

"While it has been a fair trial we thought we would get a better outcome than this."

Mr Colbung's aunt Karla Hart said the family wanted closure after almost two years.

"It's heartbreaking, Mark was a father," she said.

"His son is here today and he was a son, a cousin, a nephew and we loved him so much and we can't have any closure.

"Someone should pay for taking someone's life.

"He's dearly missed and we will never get over this."

The State prosecution said Mr Brooks had a motive for killing Mr Colbung, who had threatened him and his children at a service station moments before and when he approached the ute.

But Mr Brooks' defence team painted an entirely different picture, accusing Mr Rogers, who had a history of violence, of firing the gun as he was looking for Mr Colbung, who he believed had stolen his wallet containing valuable family photos.

However, prosecutor David Jubb said any alleged conspiracy by Mr Tompkins and Mr Rogers was "beyond their capabilities".

WA Police acting commander State crime Paul Coombes said a post-prosecution report would be prepared for police consideration.