Man admits 'catastrophic kick' caused death during street fight
PUBLISHED: 14:05 26 February 2018 | UPDATED: 14:45 26 February 2018
A 23-year-old man today changed his plea and admitted causing the death "with a catastrophic kick" of a Norfolk man in a street fight.
Nathan Turner, 23, of Myrtle Road, Brentwood, Essex, pleaded guilty at Chelmsford Crown Court to the manslaughter of Dean Jose, 47, from Heacham.
Judge Charles Gratwicke adjourned sentencing until March 9 after accepting the prosecution’s decision not to pursue a murder trial and to instead accept Turner’s plea to the charge of unlawful killing.
Mr Jose, a rehabilitation specialist who worked with disabled children and adults, was attacked in King’s Road, Brentwood, in the early hours of Bank Holiday Monday August 28 last year and died on September 2 from a head injury.
Outlining the case, prosecutor Andrew Jackson said Mr Jose and his wife Maxine had attended a charity function in Brentwood and were returning to the Premier Inn where they were staying. Mrs Jose was ahead of her husband and reached the hotel first.
Evidence from cctv showed “some interaction between her and two young teenage girls who were loitering outside the hotel,” said Mr Jackson.
“There was an unpleasant scene. Mrs Jose then entered the hotel. The footage shows Mr Jose arriving at the hotel, He was detained outside, just in front of the main doors, by the same teenage girls.”
Turner had earlier been seen in front of the pub next door, Murphy’s Bar.
Mr Jackson said Turner returned as a passenger in a BMW, which pulled up outside the hotel. Turner got out and the two girls, aged about 13 and 14, got in the back.
Mrs Jose went straight over to the car and leaned in the back.
“What’s plain is that there was an attempt then to get at the girls,” said Mr Jackson.
Footage showed Mr Jose and Turner “coming together” on the pavement where something was said.
“Footage shows, and we are satisfied about this, Mr Jose aimed one, possibly more punches, towards the defendant,” said Mr Jackson.
“The fight then escalated. It spilled into the road. Turner either kicking or using his knee against Mr Jose and Mr Jose went to the ground.
“In that split second or so it is accepted by the defendant that he was then no longer acting in self-defence. He accepts that at that point he had the upper hand in the fight.
“In that split second he can be seen aiming a kick towards the head of Mr Jose who had just fallen to the ground.
“Mr Jose suffered a catastrophic injury. The arteries in the neck were damaged, broken, and as is inevitable with that type of injury, it caused bleeding across the brain which was catastrophic and it was that which killed Mr Jose.”
The prosecutor said the post-mortem showed that the likely fatal injury was caused by that kick.
Mr Jackson said Mrs Jose and the wider family had been consulted about the decision not to continue with a trial for murder.
The court was also told that at the time of this incident, Turner was on bail for drug offences.
Turner also has a previous conviction for assault causing actual bodily harm, which involved a kick.