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CPS not to re-charge headlock killer

Michelle McKenna
23/ 2/2006

THE Crown Prosecution Service will not be re-charging an Accrington man with the murder of a teenager.

John Butterworth, 51, formerly of Water Street, was accused of killing Daniel Freeston after the 19-year-old walked into his home in July demanding money.

But the charges were dropped in November after prosecutors decided that Mr Butterworth had used reasonable force against him.

At the time of his death Daniel was on bail charged with raping a 15-year-old girl at a house party and Mr Butterworth was due to be a witness at the trial.

Earlier this month an inquest into the death of Daniel, of Blackamoor Road, Blackburn, was told that on the night he died he had been at a party with friends.

He had gone to Mr Butterworth's home demanding money and a struggle broke out between the two men.

The inquest heard that Mr Butterworth, who has since left the area, put Daniel in a headlock for so long that he stopped breathing, turned purple and lost consciousness.

East Lancashire Coroner Michael Singleton recorded a verdict of unlawful killing and sent a report of his findings to the CPS, which, after careful consideration, has stood by the original decision not to pursue the charge.

It is believed the original decision not to charge Mr Butterworth was influenced by the case of Norfolk farmer Tony Martin who was jailed in 2000 for shooting a teenage intruder dead.

Bob Marshall, CPS Lancashire Chief Prosecutor, said: "We are quite satisfied that on the strength of the evidence submitted to us our decision not to prosecute Mr Butterworth was correct.

"We have to decide whether the evidence provides a realistic prospect of conviction and the evidence that we have seen so far does not do so.

"If new evidence emerges we shall of course look at it to see whether or not it changes our decision."