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By Claire Warrender
THE FAMILY of a Fife man who died following a drink-fuelled street attack has branded the sentences handed down to his killers as “an utter disgrace.”
Jack Wilde (24) was repeatedly kicked and hit with a Buckfast wine bottle after he had already been knocked to the ground following a chase by a group of youths in Glenrothes.
Despite efforts to revive him, he died in hospital the following day after suffering a brain haemorrhage.
Yesterday, Robbie McKay (17) and Andrew Irvine (19) were each sentenced to six years and nine months detention by judge Lady Dorrian after previously admitting a charge of culpable homicide.
The judge, who described their actions as “despicable,” told the pair they would have each faced nine years’ detention for the crime, but their sentences would be cut following their guilty pleas.
She said she took into account their youth and previous character and “most of all the genuine remorse which has been shown by both of you in recognising the devastation you have brought to the family of the deceased by your actions.”
Two other youths, Lawrence Nelson (16), known as Scott Nelson, and Grant Partridge (17), who also took part in the attack on Mr Wilde escaped detention and were each put on probation for two years after admitting charges of assault.
Nelson was also ordered to carry out unpaid work in the community for 80 hours and Partridge for 200 hours.
The judge told Partridge he had committed “a nasty, squalid offence” by attacking a defenceless man, who was already dying after being injured by others.
“You are very lucky indeed to be escaping a custodial sentence,” she said.
All four youths were originally charged with murdering Mr Wilde following the attack on August 4 at South Parks Road, but the Crown accepted guilty pleas to reduced charges.
During the sentencing angry relatives of the victim left the High Court in Edinburgh.
Later, Mr Wilde’s sister Leeanne told The Courier the entire family was very angry at the sentences and challenged claims the accused had shown remorse.
“They were seemingly upset when they were giving their statements, but of course they were going to be upset then. They thought they were going to jail,” she said.
“They’ve never shown any remorse to us and we’ve never had any sort of apology from them.”
Leanne added, “What they did was absolutely despicable and the sentences are a complete and utter disgrace. Even the judge said that what Grant Partridge did—assaulting Jack when he was lying on the ground dying—was despicable but then she didn’t even give him a custodial sentence. We can’t believe it.”
The court heard that the incident started at the Glenwood shopping centre where large numbers of local youths gathered.
Mr Wilde, from Glenrothes, had been out drinking when he came across the teenagers.
Partridge, of Ryan Road, had earlier arrived at the centre about 11pm where he met a group of friends, including Nelson of Ayton Court, McKay of Cullen Drive and Irvine of Greenlaw Crescent, all Glenrothes.
Advocate depute John Scullion earlier told the court, “They had all been drinking and were drunk.”
Partridge, who was using crutches after breaking a leg, became aware of Mr Wilde, who appeared to be drunk.
He asked the group for a cigarette, but McKay said he would not give him one and Irvine told him to “f… off”.
The victim moved off, but Partridge was heard to ask him, “Where the f… are you fae?” Mr Wilde did not reply and started to walk off, but Irvine, McKay and Partridge asked if he wanted a square go.”
The victim turned and shouted towards Partridge something along the lines of, “Do you want your other leg broken?”
Nelson, Irvine and McKay immediately began a pursuit of Mr Wilde with Partridge hobbling after him on his crutches.
Mr Scullion said Nelson got to him first and punched him in the face and the victim fell to the ground. McKay and Irvine approached as the victim was already down. He said, “McKay then kicked the deceased on the head and body approximately five times.
While McKay was kicking him, Irvine struck the deceased three or four times to the head and body with a Buckfast bottle that he was holding.
“At the beginning of the assault by McKay and Irvine the deceased appeared to be trying to defend himself. He had his arms up in front of his face and his legs were curled up,” said the prosecutor.
“During the assault he was seen to stop defending himself. His arms fell to his side and it appeared to witnesses that he had been knocked out,” he said.
“Following the assault by McKay and Irvine, the deceased is described by witnesses as no longer moving and staring into space. It is accepted by the accused, McKay and Irvine, that the deceased suffered the fatal blow during the assault by them,” said Mr Scullion.
Partridge caught up with the group and proceeded to strike the fallen victim “forcefully” to the head and body with a crutch.
Mr Scullion told the court, “The deceased did not move or make a noise when he was struck.” Witnesses realised that the attack victim was badly injured and pushed Partridge away but he was heard to say the deceased “deserved it”.
A witness who went to the aid of Mr Wilde could only find a slight pulse to his neck and attempts to rouse him by slapping him failed to get a response.
Police arrived and found Nelson trying to help the victim although the killers had left the scene.
McKay and Irvine fled to England but were detained by police near Chichester five days later.
A post mortem found that Mr Wilde had bruising behind the right ear and a small artery was torn inside the skull.
Mr Scullion said the impact behind the ear must have been a heavy one to cause such a sudden jolt to the head to rupture the artery. He said it was most likely to be from a kick or a blow with a blunt weapon.
The advocate depute added, “In this case it is not possible to say who struck the fatal blow.”
He said Mr Wilde would almost certainly have become instantly unconscious and following the injury death was inevitable.
The advocate depute said the fatal injury was one where the typical circumstances giving rise to it included the victim being intoxicated with drink.
Defence counsel Neil Murray QC, for McKay, said the youth had shown a great deal of remorse and realised he had taken away someone’s son.
Mark Stewart QC, for Irvine, said, “It is the immature use of violence which resulted in this entire tragic chain of events.
“He has demonstrated an understanding of the terrible thing he was involved in and shown remorse for actions.”
Edith Forrest, for painter and decorator Partridge, said, “He is very, very sorry and upset at the consequences of this attack both to the victim and the victim’s family.”
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