Accused road rage killer 'hit man in self defence'

Andrew Peart died in hospital eight days after being in a fight

A driver accused of murdering a pedestrian in a road rage fight struck out with a wheel brace in self defence, a court has heard.

Jake McIntyre, 28, said Andrew Peart was "aggressive" and "bouncing" for a fight when they confronted each other outside a shop in Guide Post, Northumberland, in August.

Mr Peart, 39, died in hospital from a head injury eight days later, Newcastle Crown Court has heard.

Mr McIntyre, an amateur martial artist, denies murder.

'Repercussions'

Mr McIntyre said he was driving his Mitsubishi Shogun to the Co-op in Guide Post on 22 August when he saw a man walking in the "middle of the road".

He said he beeped his horn and, when the man turned round, he realised it was Mr Peart who he knew of.

Mr McIntyre said Mr Peart came up to his open passenger window shouting something "along the lines of what are you doing driving towards us like that".

Mr Peart asked Mr McIntyre if he wanted to "go", which the driver took to mean have a fight, before the pedestrian took his shirt off and started "bouncing" like a boxer.

Mr McIntyre, of Stakeford Crescent in Ashington, said he drove away, but in his mirror he could see Mr Peart appearing to pick something up off the floor.

He said he was "confused" by the altercation but, knowing Mr Peart and his friends, he knew it was "never just going to be left there" and there would be "repercussions" from them.

Jake McIntyre is on trial at Newcastle Crown Court

Mr McIntyre said he parked and walked back to see Mr Peart as he wanted to "squash it" and "say let bygones be bygones".

He said he took a foot-long wheel brace with him as he thought Mr Peart may have armed himself and he "didn't want to take any chances".

Mr McIntyre said Mr Peart said "sorry" but it was in an "aggressive manner" and he didn't believe the apology was real.

He said Mr Peart walked towards him and he thought he was going to get punched, so he hit Mr Peart in the leg with the wheel brace.

When asked by his barrister John Elvdige KC why he struck Mr Peart, Mr McIntyre replied: "Because I felt he was coming towards me in a threatening manner and he was going to hit me."

When asked if he intended to kill or cause really serious harm to Mr Peart, Mr McIntyre said: "No I didn't."

'He was fine'

The two men grappled, then Mr McIntyre turned and sent Mr Peart toppling over a bin to the ground, the court heard.

"He was on the floor and I just asked him 'why couldn't you just leave it'," Mr McIntyre said.

He said Mr Peart continued to shout and make threats as Mr McIntyre returned to his car.

When asked by Mr Elvidge what condition Mr Peart appeared to be in, Mr McIntyre replied: "He was absolutely fine."

The court has heard Mr Peart initially appeared uninjured but fell ill later that night.

Mr McIntyre said he got a message from Mr Peart's partner, Sarah Gray, the following day to say he was in hospital in a coma and alleging he had hit Mr Peart in the head with a metal pole.

"I didn't believe it," Mr McIntyre said, adding he then called Ms Gray to tell her what had happened, claiming he hit Mr Peart in the leg with the wheel brace and "punched him once".

'Bigging up'

The court heard he sent a message in which he talked about hiding from police and changing his car after doling out "street justice" to a "little crackhead".

Mr McIntyre told jurors it was a "private message between friends" and he "didn't believe the situation was as serious as it was".

He also said another message in which he talked about "wrapping a pole" around Mr Peart's head was him "literally just bigging up" to his friends and was "not accurate".

The court heard Mr McIntyre was arrested at a hotel in Bowness-on-Windermere, Cumbria, three days later.

He said he had planned the break away with his girlfriend already but went a day earlier because he feared "repercussions" from Mr Peart's friends, had noticed cars following him and "just wanted to get away".

The trial continues.