Ushaw Moor assault victim was earlier drinking with his attackers

Darren Waugh and Stephen Morton had been drinking with the victim earlier in a pub in Ushaw Moor, County Durham, on the evening of Saturday, February 3.

Durham Crown Court was told all three then continued drinking at Morton’s nearby flat into the early hours of Sunday, February 4.

Nicci Horton, prosecuting, said at first things were “cordial” before the sudden eruption of violence when Morton head-butted the victim, who ended on the floor, where he was repeatedly punched and kicked by both aggressors.

(Image: Durham Constabulary) The victim described being continually “ragged on” by both men, including being stamped on, despite begging to be allowed to go home.

Miss Horton said ignoring his pleas, the pair continued the attack, and the complainant was told he would be killed.

Eventually, the pair did end the assault and the badly injured victim was escorted home by Waugh, who told him he would be killed if he told anyone.

Waugh then broke into the nearby Soprano’s pizza takeaway premises, taking foodstuffs, cash from the till and either removing or damaging food preparation equipment.

(Image: Durham Constabulary) Footage from nearby CCTV showed him entering the premises, leaving and returning a short time later to continue to plunder the premises.

Miss Horton said despite the threats issued, the victim of the attack did, however, ring his sister, and when she saw her sibling she could barely recognise him due to his injuries.

Police and ambulance services were contacted and the victim was taken to hospital for treatment for fractures including to his shoulder and an eye socket, lacerations above an eye and to his right thigh, plus bruising and swellings to his ears and neck.

Miss Horton said shortly afterwards both perpetrators were arrested and on the way to the police station Waugh kicked out and spat in the police van.

On arrival at a police station as officers attempted to take a hand swab, Waugh resisted and spat at two constables in the face.

Miss Horton read the impact statement of the victim, who said since the attack he has had trust issues, particularly when out socialising, particularly after being hurt badly by someone he considered to have been a friend.

He has also been prescribed medication to ease his mental health, having suffered with stress and anxiety, while a chipped bone in one of his shoulders has caused mobility issues and impaired his ability to lift things and perform his job.

Following the attack the victim, previously a door-to-door salesman, was unable to work for two months and had to borrow money from family members to live on, which he is still in the throes of paying back.

He added that he is thinking of moving away from the area before his attackers are released from prison.

Waugh, 41, of Silver Courts, Brandon, and 36-year-old Morton, of Station Road, Ushaw Moor, both denied causing grievous bodily harm, with intent.

Two charges of assaulting an emergency worker were also denied by Waugh, who did, however, admit the burglary at Soprano’s.

Both defendants were convicted of the charges they denied following a trial at the court in July.

The sentencing hearing was told Waugh has 39 convictions for 74 offences including several for violence, plus non-dwelling burglaries, assaults on emergency workers and robbery.

Morton has ten convictions for 14 offences, including causing grievous bodily harm, in 2015.

(Image: Durham Constabulary) Nigel Soppitt, for Waugh, said at 41 he understands he is at an age where he is, “a little long in the tooth” to be repeatedly going in and out of prison.

He said the defendant recognises he must engage with authorities and services available in prison, including the drug and alcohol rehabilitation team, and he has been completely drug-free, giving negative test results, for some time while in custody.

(Image: The Northern Echo) Helen Towers, for Morton, said his issues, even from his latter school days, has been his addiction to alcohol, as was outlined in a psychiatric report prepared for the court.

She provided a letter of remorse from the defendant, plus character references on his behalf.

Miss Towers said while he has been on remand it has been his first taste of custody.

But he has worked with the drug and alcohol services available as well as with the mental health team to try to deal with his issues.

She added that the defendant feels he has “betrayed” his friend, who he turned on in what she described as, “a situation that got out of hand in a spontaneous outbreak of violence.”

Judge Jo Kidd described the attack in Morton's flat as, "a prolonged and persistent" attack, which on the victim's view lasted between 30 and 45 minutes.

She told Waugh he has, "an appalling record" and said she agrees with the findings of a Probation Service report that he poses a danger of casing serious harm to the public, adding: "You are someone with an established and entrenched pattern of really serious violence."

Judge Kidd imposed an extended determinate sentence featuring a six-year custodial; element, of which he must serve at least two-thirds, to be followed by a three-year period of licence supervision.

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She passed a four-year prison sentence on Morton and told him his issues with alcohol appear to have been a "trigger" for his behaviour that night.

Morton must also serve two-thirds of the sentence before being eligible for release.

Both defendants were made subject of restraining orders prohibiting contact or approaches to the victim of the assault, "indefinitely".