The dad ‘lost his temper’ due to the child apparently bullying his son, who is autistic, and ‘went far too far’
David Kelly outside Liverpool Crown Court(Image: Liverpool Echo)
A former doorman told a 12-year-old boy he would “snap his legs” then began strangling him in the street. David Kelly “lost his temper” and “went far too far” after the child had apparently bullied his son who has autism.
The “terrifying” attack only came to an end when witnesses intervened and physically restrained the dad. But he has been spared an immediate prison sentence as a result of his caring responsibilities.
Liverpool Crown Court heard yesterday, Wednesday, that Kelly’s son and the victim had “previously had a falling out” prior to July 23 last year, when the boy was playing with a friend near to his home. The 50-year-old defendant, of William Wall Road in Litherland, was then said to have approached him and threatened to “snap his legs”, at which the complainant “told him to f*** off”.
Ring doorbell footage thereafter captured him chasing after the child, pulling him from his scooter, grabbing hold of him with both hands around the throat, and “forcefully strangling him” until he was dragged away by the youngster’s neighbours. Olivia Randell, prosecuting, read out a statement to the court on behalf of the boy, in which he described being left with a “very sore windpipe”, adding: “After the incident, I was scared to go out.
“I feared something would happen to me. Every time I would see him in the street, he would shout threats at me and swear at me. It was a frightening time, as this was a grown man. I don’t know why he’d pick on me in this way. The whole incident was a very frightening experience.”
Kelly has a total of 22 previous convictions for 37 offences, including entries for wounding with intent, unlawful wounding, violent disorder and affray. His last appearance for violence came in 2017, in relation to an offence of battery, while he also faced a public order matter in 2021.
The assault upon the child was said to have related to his “belief that the victim had been bullying his son”, who has been diagnosed with autism spectrum disorder. Michael Scholes, defending, told the court: “The defendant lost his temper and did what he did.
“His son’s diagnosis is relevant to two issues. Firstly, to the background, and, secondly, and perhaps more significantly, to the approach that we invite the court to take in relation to sentence.
“This was a loss of control for a short period of time. The defendant has a poor record generally, and also in relation to offences of violence, but his last conviction for any violent offence was in 2017. There has been a substantial de-escalation in the level of offending.
“That coincides with the defendant’s own decision to abstain from alcohol. He was binge drinking and either an alcoholic or close to being an alcoholic. He has disengaged from alcohol completely.
“In the context of the defendant’s overall behaviour over the last few years, it was a simple fall from grace against a background where he was clearly, for understandable reasons, overprotective for his child, and he went far too far. There has been no repetition of this incident or anything resembling it.
“He is effectively a full-time carer for [his son]. He lives with him from Monday to Thursday. Mr Kelly is responsible for taking him to and collecting him from school, while his ex-partner is in almost full-time employment. Mr Kelly is not, because he is in receipt of benefits and carers allowance. One party goes to work, and the other takes responsibility for [their son].
“The consequence of Mr Kelly going to prison today is that he will be losing his carer, his mother would have to stop work and Mr Kelly would probably lose his current tenancy. This is a case where the court could take a chance on the defendant.”
Kelly admitted one count of intentional strangulation. Wearing a grey hooded top over a black t-shirt in the dock, he was handed a 15-month imprisonment with 200 hours of unpaid work and a rehabilitation activity requirement of up to 20 days.
Sentencing, Recorder David Knifton KC said: “There was undoubtedly evidence that he had, in some way, fallen out with your son. It is accepted that there had been some name calling between them and, it seems to be, it is likely that there had been occasions of bullying, of which [your son] was the victim.
“Against that background, you saw him and his friend outside his house and made a threatening comment towards him, threatening to snap his legs. He and his friend responded in abusive terms to you. You then snapped, approaching him, pulling him off his scooter and grabbing him around his neck, forcefully strangling him with both hands.
“Fortunately, neighbours intervened and pulled you away from him. You were clearly much larger and heavier than this 12-year-old boy. I note that you were formerly employed as a doorman. It must have been a terrifying incident for him, as well as causing, fortunately minor, injuries. He was scared to go out for the remainder of the summer holidays.
“You have a significant criminal history. There are plenty of offences of violence, committed in drink as a younger man. There has undoubtedly been a reduction in your offending as you have matured and, very much to your credit, as you have taken the decision to stop drinking. It is very much to your credit that you have indicated a wish to apologise to [the boy].
“The primary mitigation is the fact that you are the primary carer for your disabled son. Ordinarily, the sentence would be one of immediate custody, but there are circumstances where the court may consider it appropriate to suspend.
“I do not consider that you present a risk or danger to the public. Most importantly, it seems to me that immediate custody would result in a significant harmful impact on others.”
Kelly was also told to pay £500 in compensation to his victim. He will meanwhile be subject to a restraining order, which will ban him from contacting the complainant or approaching his address, for the next two years.