A Fife teenager who killed his neighbour following a street confrontation has been given a life sentence.
Sonny Dear (19), of Alexandria Street, Kirkcaldy, had previously been convicted of stabbing Brian Johnstone (48) to death outside his home in Adamson Place, Glenrothes, on March 27 last year.
Mr Johnstone, who suffered from Huntington’s disease, had been smoking a cigarette on his doorstep when an argument ensued with his neighbours.
Despite initially acting as a peacemaker, Dear went on to inflict the fatal wounds with a kitchen knife after thinking his family and friends were about to come to harm.
At the High Court in Aberdeen on Tuesday, judge Lord Kinclaven handed down a life sentence and told Dear who protested to the last minute that his actions were in self-defence that he must serve at least 16 years in detention before applying for parole.
Passing sentence, Lord Kinclaven told him, “Mr Johnstone died as a result of two stab wounds to the back. The result was a tragedy.
“The fact remains you have been convicted of the most serious crime. Your intoxication was no excuse.”
He added, “The court requires to act in a way which discourages the carrying of sharp weapons.”Confrontation with neighboursDear had been living with his mother Joyce in Glenrothes when tensions rose on the night in question.
After Mrs Dear, who had been drinking after a family funeral, became embroiled in a row with Mr Johnstone at the front door, the latter clashed with her sons and their friends.
The court heard how Mr Johnstone began throwing bricks and boulders towards the group, at which stage her son Sonny ran inside the house to retrieve a baseball bat to, according to his solicitor, “dissuade further violence.”
Instead though, he grabbed a carving knife from a kitchen drawer and went back outside to confront Mr Johnstone.
Dear then stabbed his victim twice in the back with such force that he cut through bone to cause Mr Johnstone’s death.
During a seven-day trial at the High Court in Dundee in April, Dear denied a charge of murder and had lodged a special defence of self-defence, claiming he was acting in defence of his friend Barry Chalmers, who had been attacked by Mr Johnstone, and was under the belief his mother was in imminent danger of being attacked.
However, jurors took just two hours to reject that claim and find him guilty of murder.
Even at Tuesday’s sentencing though, defence counsel Mark Stewart repeated Dear’s protestation of innocence on his client’s behalf.
Mr Stewart said, “Mr Dear was someone who has been, throughout, someone who was set to ensure that nothing of a violent nature occurred.
“His response and reaction was one of defence.”
He added, “It was not accepted by the jury that this was self-defence in the legal context but throughout he acted primarily in the interests of his mother and his friend.”Johnstone family “devastated”Mr Johnstone, who was well-known in the area as a bird keeper and a keen walker, is survived by his wife Margaret and was described as a much-loved brother and uncle at the time of his death.
When Dear was convicted, Mr Johnstone’s brother James said, “Although nothing can bring back Brian, we feel justice has been done.
“The whole family has been devastated and we will never forget how Brian died perhaps now we can begin to move forward.”
The Johnstone family also thanked the police, the fiscal and medical staff for their support, and in particular the Scottish Huntington’s Association for their help during proceedings.
After sentencing, Detective Superintendent Garry McEwan, head of crime management for Fife Police, said his thoughts were now with Mr Johnstone’s family.
He added, “This case highlights so dramatically a tragic loss of life that should never have happened.”
The sentence has also been welcomed by Central Fife MSP Tricia Marwick.
She said, “This was a particularly horrendous crime in such a quiet residential area of Glenrothes.
“I think everybody was so shocked and stunned. The trauma will not just stay with the families involved but with the neighbours for a long, long time.”