Shildon attack victim died from heart issue days later

Durham Crown Court was told the assault victim, Simon Barker, who suffered a fracture to the base of his skull in the street attack in Shildon, on August 11, 2022, subsequently died, days later, from an unrelated heart problem.

His attacker, Liam North, admitted a charge of inflicting grievous bodily harm when he appeared at the court last month, having previously denied the charge at a plea hearing in November.

The 26-year-old defendant, of Maple Avenue, Shildon, returned to the court for the sentencing hearing today (Friday April 19).

Martin Towers, prosecuting, said Mr Barker, who was 47, and from Shildon, died four days after the assault.

Mr Towers said the cause of his death has been the subject of careful investigation and reports from a consultant pathologist and a neuro-pathologist were submitted to the court.

The consultant pathologist, who conducted the post-mortem examination, said Mr Barker had a bruise to the right side of his jaw, bruising to the back of his scalp, to his torso and limbs, rib fractures, and a fracture to the base of the skull, plus some bleeding on the brain.

Mr Towers said the neuro-pathologist said the head injuries could be accounted for by a heavy fall to the ground, leading to an impact to the back of the head, which could have been caused by the blow to the side of the jaw.

But Mr Towers said the reports stated that the deceased had some natural disease, including partial cirrhosis of the liver, and scarring of the heart.

It was considered that was the more likely cause of his death, “on balance”.

Mr Towers said the evidence relating to the attack came from messages between the defendant and Mr Barker before and after the incident, and from witnesses.

Mr Barker was said to have gone out in response to a message from North at about 4pm on August 11, 2022, and returned home between 10 and 20 minutes later, when he was described by his long-term partner as being, “all over the place”, retching and physically sick.

She said he told her he had been “jumped” by the defendant, who was trying to get money and drugs from him.

Although Mr Barker told her he tried to walk away, the defendant ran at him from behind and “chucked him”, causing an injury to his jaw, causing bleeding from the right ear.

Mr Towers said she described him visiting the chemists the following day and becoming "seriously unwell" early on August 13, when he was taken to hospital, where he later died.

Another witness said Mr Barker told him after the assault that the dispute was over money to buy drugs.

The witness said the victim told him he has been hit in the jaw and had his legs swept from under him, causing him to fall to the ground.

A further witness said Mr Barker visited her and told her the defendant “jumped him” and tried to “tax him” for £60, which he did not get.

Mr Towers said a passer-by described the defendant as having been the “aggressor”, trying to provoke Mr Barker, who did not retaliate.

The police were called but when officers got to the scene, North claimed he had been painting, which was corroborated by others, and he claimed not to know of any fight that had taken place, so he was allowed to go on his way.

In further messaging with North, after the assault, Mr Barker told him: “I thought we were mates.”

Mr Towers said the defendant was interviewed three times and made no comment to police questions, and, after his initial denials, his guilty plea was made on the basis of a heavy “shove”, which was accepted by the prosecution recently.

The defendant’s record was said to include possession of an offensive weapon, plus offences of violence, and he received a community order for an assault in August last year, which post-dates the offence for which he was being sentenced at the court today.

Brian Russell, in mitigation, told the court that the incident in question was a falling out between people who had been friends that went, “sadly array”.

Mr Russell said the row was over crack cocaine, a habit which the defendant has managed to kick, as he attempts to, “sort himself out.”

He conceded his client’s record, “does not do him much credit”, but he said that the defendant has begun to engage with the community order on which he is on, although there remains, “plenty of work to do”.

Mr Russell added that the “unfortunate circumstances” arose after a “rather lamentable” incident and the victim’s health appears to have declined in the three to four days after the assault.

Judge Nathan Adams told North it was clear he was the aggressor in the incident with Mr Barker and it was a, “sad after effect” that he died several days later.

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The subsequent investigation and medical reports had led to a delay with this case, but the conclusion was that Mr Barker’s death was, “unrelated” to the attack, as his heart condition was the likely cause of his death.

Judge Adams, therefore, imposed a ten-month prison sentence, suspended for 12 months, and he said North must complete ten further rehabilitation activity days working with the Probation Service on top of the 30 that he has still to undergo as part of the previous sentence.

He warned North, however, that any failure to complete the work with the Probation Service could lead to the suspended sentence being activated.