A BOY who killed a school friend by trapping him in a blazing skip can now be named for the first time after he appeared in court on new charges.
The horrific crime, which was explained away as a “prank”, shocked the nation.
Now Kris Cherry can be named for the first time as the youth who, aged just 15, killed Michael Temperley trapped in a skip which he set alight.
Cherry was back in court where he admitted religiously aggravated common assault after targeting a Jewish man.
Michael, also 15, stood no chance when he was trapped in the industrial skip at shops on the Team Valley Retail Park, Gateshead, in July 2003.
Cherry lit paper and pushed it through a gap between the skip’s door and its frame.
Waste paper, cardboard and wood ignited inside and Michael began screaming, but his panic- stricken friends, passing motorists and nearby shop staff were unable to open the container to save him.
It was a cruel prank that left family, friends, as well as staff and pupils at Joseph Swan School in Low Fell, Gateshead, where Michael was a pupil, devastated.
Cherry, who at the time could not be named for legal reasons, was found guilty of manslaughter at Newcastle Crown Court in March 2004 and sentenced to four years’ detention.
But in August 2004, London’s Criminal Appeal Court cut it to three years.
Seeking the sentence cut, Cherry’s QC, Peter Lodder, said the tragic incident had been a “prank” and he believed his friend would be able to get out of the skip.
Michael Temperley's parents Linda and Howard say they have no contact with Cherry, who was once a friend of their boy.
Michael, of Low Fell, Gateshead, who dreamed of being a policeman, suffered horrifying injuries from which he never recovered and died in hospital with his parents by his side.
But despite their tragic ordeal, Mr and Mrs Temperley and Michael’s brother Richard made an 11th hour written plea for Cherry not to be imprisoned and asked for clemency.
They said his conviction for manslaughter was enough justice for them and they did not want him to be locked up, as he had once been a friend of Michael’s.
But Mr and Mrs Temperley’s courage continues to this day.
Determined to put the past behind them, they have severed all ties with Cherry and have not followed Cherry’s latest court appearance.
Mr Temperley, said: “We definitely haven’t heard anything about it. As far as our family is concerned we have switched off when it comes to him and his family.
“We have had no contact with them for the last five years.”
On Tuesday Cherry, who is now 20, was back in court.
He fired a gun at a Jewish man in Rydal Street, Bensham, Gateshead, home to the North East’s biggest Orthodox Jewish community, because he said he didn’t like Jews.
Prosecutor Ian Simpson said the victim was hit by a pellet fired from a passing Rover on March 14.
He took down the registration and called the police, who traced the car and arrested Cherry.
Mr Simpson said: “He admitted that he fired the pellet from a toy gun. He said the motivation was that he didn’t like Jews and had previous dealings with Jews.”
The victim, he said, was not hurt in the incident.
Of the attack, the man said: “I am an Orthodox Jew and feel the assault was religiously motivated because I an easily identifiable by my clothing and trilby hat.”
Unemployed Cherry, of Field House Road, Bensham, pleaded guilty to carrying outreligiously aggravated common assault.
Magistrates were given details of his previous convictions, which include the manslaughter, and a drunk and disorderly conviction in 2006.
They called for probation reports before passing sentence and granted Cherry unconditional bail for three weeks.
Defending, Michael Foley told the bench that the gun belongs to a friend.
He said it was a children’s toy that fires plastic bullets with no velocity and no prospects of causing serious harm.
“It hit the injured person on the arm, but he was wearing a heavy overcoat,” he said.
“He says he was still alarmed by what happened and anyone can understand that he would be.
“The defendant says he wound the window down and did it for a laugh. But he knows now he is here for a serious offence.
“At the time, he did not intend the man any physical harm.”
Mr Foley added the comment Cherry made to police about not liking Jews was stupid and relates to something that happened to him a few years ago.
He said: “It concerned a friend who broke a window on Coatsworth Road and he was caught by a number of young Jewish men who took it out on him.
“He has had a bit of a grudge, but realises this was a stupid thing to do. He has said this will not happen again.”
Mr Foley added: “It was stupid incident. He did it on the spur of the moment. He realises it was not funny and he apologises for it.”
About the manslaughter conviction, Mr Foley said: “It was for a totally dissimilar matter. It was a tragic incident involving schoolchildren playing together.”
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article