A man accused of killing a dad who gestured to him to to walk past to 'maintain social distancing' has been found not guilty. Oscar Shepherd, 21, admitted punching 53-year-old Joseph Henderson but maintained he was acting in self defence.
Mr Henderson had been walking down Wilmslow Road towards Fallowfield when he noticed a stranger, Mr Shepherd, behind him. Mr Henderson was ‘very concerned about COVID’ due to his health and asked the man to walk past him, Minshull Street Crown Court heard.
Once Mr Shepherd had moved past ‘something happened’ as Mr Henderson closed the gap, prosecutors said. It was alleged that Mr Shepherd punched Mr Henderson to the face, causing him to fall backwards hitting the back of his head.
CCTV footage showed Mr Shepherd walking away from Mr Henderson as he lay unconscious on the ground, the court heard. Mr Henderson died eight days later after suffering a brain injury.
Mr Shepherd, of Victoria Avenue, Derby, denied manslaughter and was unanimously found not guilty by a jury. He accepted that he punched Mr Henderson but said he was acting in self defence.
He claimed that he had thrown a ‘pre-emptive blow’. Fearing that Mr Henderson was about to headbutt him, he punched him once to the face causing Mr Henderson to fall to the floor, jurors heard.
Mr Shepherd said he walked away without noticing that Mr Henderson was injured after fearing that would get back up and assault him. Police were called to the scene after reports of an unconscious man being found lying on his back on the pavement on August 12 last year.
During the trial a statement was read on behalf of Mr Henderson's daughter. She said: "At the beginning of August of last year, my father moved into a flat in Rusholme. Mr dad was very happy and his overall health was fair, he was coping and physically he was on heart medication and blood thinners following a heart attack in 2010.
"I know he was very concerned about COVID because of his health problems, and he didn’t like it if he had to go to the shops and he could not socially distance. During the COVID outbreak I went shopping with him, and he did get concerned if anybody got too close to him in the street or in the shops.
"From one of the few occasions a person got too close and didn’t adhere to social distancing, dad would use his hands to gesture and say ‘do you mind not getting too close please’. He would never be aggressive, and he would then explain it was because of COVID. He was kind, well mannered and wanted a quiet life. He would help anybody. He was a good man with a good sense of humour."
Mr Shepherd faced a re-trial after the jury in his first trial were deadlocked and unable to reach verdicts. He was found not guilty earlier today (Thursday).
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