Danny Humble case: Teenager admits kicking but denies intent to harm
- Published
A teenager on trial for murder admits kicking a man who died but denies he intended to cause harm, jurors have been told.
Danny Humble, 35, was punched, kicked and stamped upon in a group attack in Cramlington, Northumberland, in May last year.
Five teenagers aged 17 and 18 deny murder amid claims of self-defence.
Jurors at Newcastle Crown Court have been sent out to consider their verdicts.
The court has heard a 17-year-old defendant, who was then 16, had been on a night out with friends when they met Mr Humble and his partner near an underpass.
The boy had joked about Mr Humble looking like one of the TV presenters Ant and Dec, and although the couple initially took it in good humour, Mr Humble later pushed and then punched the youth, the jury was told.
"Three Ds"
Prosecutors said the boy punched Mr Humble and four other youths then joined in, knocking Mr Humble to the ground.
A stamp from Alistair Dickson, 18, proved fatal, although he denied attacking Mr Humble and said he was trying to help him, the court has heard.
The other defendants are Ethan Scott, Kyros Robinson and Bailey Wilson, all aged 18.
In summing up, Judge Joel Bennathan QC said prosecutors claim Mr Robinson "joined in and kicked Mr Humble".
He said the prosecution rely on several witnesses for identifying Mr Robinson although they were affected by what he called the "three Ds": it was dark, they had been drinking and were some distance away.
Mr Robinson saw the fracas but claimed by the time he ran over to the attack it had ended and he was not involved, the judge said.
"Two kicks"
The judge said one of the witnesses failed to pick him out at an identity parade, another did name him but only as being at the scene and "not as one of the attackers", while a third who said he saw Mr Robinson throwing kicks and punches may have been affected by a "fourth D", discussion, having spoken to other witnesses before giving his statement to police.
The judge said Mr Robinson initially told police he was "never there" but jurors may want to "cut him some slack" as at the time he was being questioned he was "young, had communication difficulties and being interviewed on a charge of murder without a lawyer".
The youth also said he feared there could be repercussions for his family in Cramlington, the judge said.
Mr Wilson admitted kicking Mr Humble twice, to the torso, but "never deliberately encouraged anybody else or intended to cause harm", the judge said.
Jurors were sent our shortly before 11:00 GMT and were told the judge would only accept unanimous verdicts.
Follow BBC North East & Cumbria on Twitter, external, Facebook, external and Instagram, external. Send your story ideas to northeastandcumbria@bbc.co.uk, external.
Related topics
- Published29 June 2022
- Published24 June 2022
- Published23 June 2022
- Published15 June 2022
- Published14 June 2022
- Published13 June 2022
- Published9 June 2022
- Published18 May 2022