Published Date:
20 October 2009
THE family of a father-of-six who was killed after challenging two thugs over his vandalised car today condemned their sentences.
James Alford, 43, was attacked by Jay O'Neill, 21, and 17-year-old Scott Milroy in a lane near his home in Paisley, Renfrewshire, in May.
O'Neill was jailed today for a total of nine-and-a-half years at the High Court in Edinburgh for culpable homicide, while Milroy was ordered to serve three years and two months in a young offenders institute for assault.
The attack took place at about midnight on May 28 in Lochinver Crescent.
The High Court in Glasgow had previously heard that Mr Alford found that his wing mirror had been damaged after his mother saw two youths near the car and he spotted O'Neill and Milroy in a nearby lane.
The victim was tripped up and kicked in the head while on the ground, leaving him with fatal injuries.
He died later that day from bleeding into the brain.
O'Neill boasted to friends at a local school that when his victim's head hit the ground it sounded like "cracking an egg in a frying pan".
Today Mr Alford's mother, Mary Fearns, 66, hit out at the sentence handed down by Lord Bannatyne.
She said: "That was a kangaroo court, justice wasn't done today."
Mr Alford had quit his job to look after Ms Fearns, who has cancer.
His sister, Teresa Maitland, 46, added: "He had 20 years no claims bonus. That was all he ever spoke about, his insurance and his 20 years no claims bonus.
"He's paid with his life for his wing mirror."
She added that her mother now has the prospect of facing Milroy on a daily basis within a year.
Mrs Maitland added: "The young boy Milroy will be home within 11 months and he's got to walk past her front door every day – he only lives five doors away from her.
"The council is going to have to offer some alternative housing for my mum or the Milroy family because she can't live with that every day. She's an unwell woman."
O'Neill is serving a prison sentence for attacking a man with a sword during a break-in.
For that offence, which he committed last December while released from prison on licence for an earlier offence, he was jailed for two years and 11 months. The earlier offence was assault and robbery.
Lord Bannatyne said today's sentence will run consecutively to that.
O'Neill was given 12 years in total for the culpable homicide of Mr Alford, with eight years to be served in jail. He was also jailed for a further 18 months, to run consecutively, over lesser charges.
Lord Bannatyne told O'Neill: "A man has lost his life and a very substantial sentence is required in this case and that has to be a very substantial custodial one."
Advocate Brian McConnachie, appearing for Milroy, told the court that he came from a stable background and his family were "shocked by what happened".
He added that Mr Alford left his home in an angry state and made the first "violent move" when he confronted the pair.
Mr McConnachie added: "It's abundantly clear that between Mr Milroy and the co-accused they got the better of the deceased and as a result the deceased tragically died."
O'Neill's defence advocate, Donald Findlay, said he had been violently abused from a young age by an ex-partner of his mother and when confronted by threat or challenge his response was to "fight back".
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Last Updated:
20 October 2009 4:27 PM
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Source:
scotsman.com
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Location:
Scotland