Sheldon Flanighan death: Accused wanted to 'frighten' victims
- Published
A driver accused of murdering a man in a pub car park only intended to "frighten" him but his plans went "horribly wrong", a court has heard.
Off-duty ambulance worker Sheldon Flanighan died, and his friend Wayne Common was seriously injured, when they were run over outside the Bay Horse Inn in Cramlington in April.
Toby Kelly, 38, admitted manslaughter but denies murder and attempted murder.
Skid marks show he did not mean to hit the men, Newcastle Crown Court heard.
The court heard how Mr Kelly became angry and attacked his girlfriend after staff at the pub refused to serve him and his friends any further drinks on 1 April this year.
Mr Flanighan, 55, and Mr Common, who were dining with another friend, attempted to intervene, with Mr Kelly eventually storming off to his van.
Mr Kelly, who had drunk up to nine pints of lager, was filmed on CCTV driving around the pub car park before smashing into Mr Flanighan and Mr Common when they went outside to catch their lift home.
Prosecutors said Mr Kelly had been "seething" because he had "felt offended" when the men tried to break up the brawl inside the pub.
In his closing speech to jurors, Nigel Edwards KC, representing Mr Kelly, said the events in the car park were a "tragedy beyond measure", but "what happened wasn't something that was intended to happen".
He said the description given of Mr Kelly's actions "doesn't paint a picture of somebody you might want to go for a drink with", but the two men had not witnessed the beginning of the altercation inside the pub - in which Mr Kelly was attacked by his girlfriend, his lawyer said.
Mr Edwards described the victims, who had also been drinking, as "two old-school gents" seeking to do what they thought was the "right thing" and trying to put a stop to "what appears to be going on".
"The problem with much of this is it's about perceptions, it's about mistakes, it's about errors, it's about misunderstandings," Mr Edwards told the court.
'Entirely his fault'
Mr Edwards said it was understandable the victims stood in front of the van, to stop Mr Kelly drink-driving.
He said Mr Kelly "admittedly" drove towards them to "frighten them off", but braking marks found at the scene were "indicative of the fact he doesn't [sic] want to hit them".
Mr Kelly, who had also been smoking strong cannabis during the evening, accepted he drove in an "absolutely ridiculous, dangerous" manner, Mr Edwards said, but added Mr Kelly did not "want to cause injury, because if he did, what was the point in braking?"
Mr Edwards said there were "clearly times when he was using that van as a weapon to frighten people" and it went "horribly wrong", which was "entirely his fault" - but he did not intend to hurt anyone.
Mr Kelly, of Wansbeck Avenue, Blyth, had denied any offences but admitted manslaughter and causing grievous bodily harm part-way through the trial.
The trial continues.
Follow BBC North East on Facebook, external, X (formerly Twitter), , externaland Instagram, external. Send your story ideas to northeastandcumbria@bbc.co.uk, external.
Related topics
- Published7 November 2023
- Published25 October 2023
- Published16 October 2023
- Published11 October 2023