THE FAMILY of a 60-year-old granddad who died after being punched in the head have expressed their dismay at the sentence handed down to his killer.
Andrew Kirkby, 20, of Congleton Road, Macclesfield, was sentenced to three years in a young offenders’ institution at Chester Crown Court after pleading guilty to manslaughter.
He admitted punching John Leonard, who was blind in one eye, as he attempted to help his son, who was being kicked on the ground outside his home on Shaw Street last December.
Flanked by more than 20 relatives, older brother Tony Leonard – speaking outside court on Thursday (June 5) – called Kirkby’s sentence "derisory".
In his emotional speech, Tony, 66, said: "We have been devastated by the enormous tragedy of John’s violent death just before Christmas last year. In the six months since then we have tried hard to maintain balanced views on events but we are dismayed at the light sentences handed down today and also at previous bail decisions by the courts.
"He (Judge David Clarke) did his best within the sentencing guidelines but what sort of messages do these sentences send out to the youth of our country? We have attended every hearing in this trial process and have not heard any expressions of remorse or regret from any of the defendants. "Today we heard some belated remorse."
Also sentenced were Karl Robert Burns, 27, of Waldon Road – who Judge David Clarke described as the "instigator" of events leading to the violence – and Adam Scott Bradley, 20, of Byron’s Lane.
Both pleaded guilty to actual bodily harm, with Burns sentenced to three years in jail and Bradley to 18 months in a young offenders institution.
They admitted attacking Mr Leonard’s son, Craig, 39, moments before Mr Leonard was struck.
Kirkby, Burns and Bradley sat flanked by security guards as the court heard how the tragic night in December last year ended in a pensioner’s death.
Andrew Thomas, counsel for the prosecution, told how Kirkby barely knew Burns, but drove him to the house of Craig Leonard – where his father John was spending the night – at 2am because he was angry at "a rumour" he believed Craig Leonard had spread about him.
Father and son had reluctantly confronted the three men outside the terrace house, following shouted threats from Burns, who had been drinking and taking cocaine that evening, shortly before the tragedy unfolded, the court heard.
Mr Thomas, counsel for the prosecution, said Craig Leonard, who escaped with minor injuries, had approached the three men beside Kirkby’s car armed with an axe handle, telling them to leave.
"Craig Leonard was attacked on the ground by Karl Burns and Adam Bradley," he told Judge Clarke. "They both joined in punching and kicking him.
"One of the defendants took up the stick (axe handle) and used that to strike him on the ground – it was a sustained joint assault."
He added: "When he (Mr Leonard) stepped forward to intervene, Andrew Kirkby blocked his way. The two men were facing towards each other. Suddenly the defendant became more aggressive and threw at least one punch towards John Leonard."
Earlier, the court was told that Burns, a carpet fitter, and Craig Leonard had been "close friends" but had fallen out 18 months before and that Burns had been angered by "local gossip" that he was selling his house to clear debts. Burns believed the rumour had been started by Craig Leonard, whom he knew as "Lenny".
John Leonard, who had been blind in one eye since a teenager and had heavily restricted neck movement following an accident at work, immediately collapsed, fell unconscious and died in hospital 24 hours later.
Andrew Robertson, Kirkby’s barrister, said: "We are dealing with a one-punch manslaughter where what happened could never have for a moment been in the mind of this young man. He is a man of good character with no previous convictions. He had no idea he was dealing with a much older man. He had stayed out of a misguided sense of loyalty to the other two who were in the car."
Mark Connor, Burns’s barrister, said he had made a stupid decision fuelled by alcohol and cocaine.
"He allowed his anger and emotion to get the better of him. He is a hard-worker who has built up a business over six years and is about to be a father again. He knows now that drink is a problem for him."
Oliver King, Bradley’s barrister, said: "He disarmed Mr (Craig) Leonard and then he accepts he went far beyond what was appropriate in those circumstances – he should have walked away."
Bradley was a hard-worker who was now making a genuine attempt at having a better future, he added.
Burns, in a black suit, spent much of the proceedings with head bowed. Kirkby and Bradley, both in grey suits, stared ahead throughout. None displayed any emotion upon being sentenced.
Addressing first Kirkby, Judge Clarke said he accepted he did not intend the consequences but he had been involved in "a disgraceful display of violence".
"The death of Mr Leonard has clearly devastated a large family. The evidence shows that he was a well-known and liked character. His death in such sad and shocking circumstances should not have happened."
Addressing Burns, he said: "You have a record for offences including violence and disorder and threatening behaviour. You have a problem with drink and a temper. Though you didn’t strike the fatal blow, you started this off."
To Bradley, he said: "This was not your fight."
SPEAKING after the court case, Senior Investigating Officer in the case, DCI Paul Bailey, said: "The thoughts of the Investigation Team and those of the Cheshire Police are with John Leonard’s family who have lost a father, brother, partner and a friend.
"I hope this case will serve as a warning to all those who participate in violence as to the potential consequences for those they needlessly attack and for themselves."
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