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Jail for Marlborough man who kicked drinker in head

A man who put the boot into a drinker – who died a month later – outside a High Street pub has been jailed for eight months.

Damion Powell was walking past Marlborough's Castle and Ball with friends including Kay Trotman-Dyke, 45, who in the past had been in a relationship with the victim.

And after a physical disagreement took place the 22-year-old waded in and punched Christopher Crawford, knocking him to the ground.

Then when the 31-year-old, whose death was unconnected to the attack, was on the deck Powell put the boot in, kicking him to the head.

Hannah Squire, prosecuting, told Swindon Crown Court how the incident unfolded on a sunny afternoon on Friday, August 7.

She said Mr Crawford was sitting outside the pub when a group of people including Powell and Ms Trotman-Dyke approached.

A 17-year-old boy in the group wanted to have a word with him about the victim's previous relationship with the woman and tempers were quickly frayed, she said.

As matters escalated Mr Crawford said he went to untie his dog and leave when he was punched by the teenager, who cannot be named for legal reasons.

Miss Squire said there was then 'to-ing and fro-ing,' during which Powell's mother was struck, and he then waded in.

"Whatever led to that, Christopher Crawford was punched by the teenager. He was then punched by Damion Powell. Some of that punching was self defence," she said.

"Damion Powell continued that assault far beyond any issue of self defence. There were three or four punches over and above what would have been necessary to defend himself.

"The teenager's involvement in that withdraws at that stage. Christopher Crawford goes down to the floor.

"It is while he is on the floor that Damion Powell then kicks him in the head while he is on the floor."

She said a friend of Mr Crawford told police the five seconds after knocking him to the ground the defendant kicked him to the head 'with full force'.

But he managed to get up and, despite swaying all over the place, said 'Come on, is that the best you've got', as the others left.

Powell, of Purlyn Acre, Marlborough, pleaded guilty to actual bodily harm.

Cathy Thornton, defending, said her client accepted that he was facing a jail term for what he had done.

On the day of the incident she said he had recently split from his girlfriend, has a history of smoking cannabis and suffers mental health issues.

She said after there was contact made with his mother he lashed out at the victim in a 'moment of madness'.

Jailing him Recorder Adam Vaitilingam QC said "There was provocation, the prosecution accepts that. What you did, you realise now, was wholly irresponsible.

"Kicking someone in the head often leads to death or serious injury. You accept that a custodial sentence is inevitable, and it is."

Dyke-Trotman, of Franklin Acre, pleaded not guilty to ABH and the case against her was dropped. The 17-year-old Marlborough lad admitted common assault and will be sentenced at the youth court.

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