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30/01/2009
Man Jailed For Neighbour Sword Killing
A man who killed his neighbour with a samurai sword following an argument over a child's football has today been jailed for 11 years.
Gary Kelly, 38, of Rutter Gardens in Mitcham, was found guilty of the manslaughter of David Martin at the Old Bailey today.
The Old Bailey heard Kelly had clashed with father-of-three David Martin, 40, who had attempted to resolve an argument between boys playing football.
Edward Brown, QC, prosecuting, said: "[The boy] decided to leave the football game and wanted to take his football with him. His friends, however, decided not to give him his ball back, teased him and played pig in the middle with him."
Mr Martin went to help and had picked up a bicycle belonging to one of the friends, and had also grabbed a boy by the scruff of the neck, the court heard.
He was then confronted in Kelly's front garden. The incident was triggered when the boy telephoned Mr Martin, who heard him cry out in pain after being kicked.
The 38-year-old - who had been drinking and smoking cannabis - emerged with a sword and part of a snooker cue and attacked Mr Martin in the front garden.
Mr Martin collapsed to the ground after being stabbed in the side by Kelly. He died when one of his major heart blood vessels was cut.
Kelly told the Old Bailey he acted in self-defence.
In sentencing, Judge Christopher Moss told Kelly: "You had lost your self-control by reason of provocation.
"Your use of the sword was quite deliberate."
Mr Martin's wife, Angela, had told the court in an impact statement: "It feels like my heart has been ripped out and part of me is missing."
(JM?BMcC)
Gary Kelly, 38, of Rutter Gardens in Mitcham, was found guilty of the manslaughter of David Martin at the Old Bailey today.
The Old Bailey heard Kelly had clashed with father-of-three David Martin, 40, who had attempted to resolve an argument between boys playing football.
Edward Brown, QC, prosecuting, said: "[The boy] decided to leave the football game and wanted to take his football with him. His friends, however, decided not to give him his ball back, teased him and played pig in the middle with him."
Mr Martin went to help and had picked up a bicycle belonging to one of the friends, and had also grabbed a boy by the scruff of the neck, the court heard.
He was then confronted in Kelly's front garden. The incident was triggered when the boy telephoned Mr Martin, who heard him cry out in pain after being kicked.
The 38-year-old - who had been drinking and smoking cannabis - emerged with a sword and part of a snooker cue and attacked Mr Martin in the front garden.
Mr Martin collapsed to the ground after being stabbed in the side by Kelly. He died when one of his major heart blood vessels was cut.
Kelly told the Old Bailey he acted in self-defence.
In sentencing, Judge Christopher Moss told Kelly: "You had lost your self-control by reason of provocation.
"Your use of the sword was quite deliberate."
Mr Martin's wife, Angela, had told the court in an impact statement: "It feels like my heart has been ripped out and part of me is missing."
(JM?BMcC)
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Snow To Disrupt The Weekend
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Northern Ireland WeatherThis Evening and Tonight:It will be cloudy with a spell of heavy rain pushing south through late evening and the early hours, soon followed by some clear spells. Minimum temperature 6 °C.
