Teenager accused of murder claims he was a target of Benjamin and gang
A 16-YEAR-OLD accused of murdering Benjamin Orton claims he was “targeted” by the teenager and his friends in the months leading up to his death, a court has heard.
He is one of three youngsters on trial accused of killing Benjamin, from Castle Gresley. His two co-accused, both aged 17, claim they did not know the 16-year-old had a knife which he is alleged to have used to stab Benjamin, also aged 17, to death with.
On the third day of the trial at Derby Crown Court, the jury heard a brief defence of the defendants. They each deny murdering Benjamin and the attempted murder of his 20-year-old friend in Wragg’s Passage, next to the Odeon Cinema, at the The Pipeworks retail park, in Swadlincote, at around 10.30pm on June 12.
On the previous day of the trial Prosecutor Peter Joyce QC told the jury one of the 17-year-olds had taken the 16-yearold’s phone as he allegedly launched his attack, while the second 17-year-old swung his bag at Benjamin, knocking a knife Benjamin was carrying from his hand.
He later held Benjamin while he was being stabbed, the court heard.
The three defendants ran away, with the two 17-year-olds “fist-bumping” each other before parting ways, Mr Joyce QC had said.
The 16-year-old, who is now also 17, has pleaded guilty to a charge of possession of a knife. He is accused of stabbing Benjamin 13 times, with two wounds piercing his lung and heart, and stabbing the 20-year-old five times in the neck and head, the jury has heard.
Defending him, Michael Auty QC, told the jury on day three: “He accepts having a small knife and in due course you will hear the reason for that, that in the few months before he had been targeted by a group of people which includes Benjamin and the friend. “He wasn’t anticipating any violence. He was sent into a state of panic due to previous threats and intimidation. He struck out until he believed the threat had subsided. “He never intended to kill anyone or harm anyone.”
Adam Kane QC, for the 17-yearold, who also denies a charge of assisting an offender, told the court: “From the CCTV you have seen, did he lay a finger on Benjamin or his friend? Was he in a position where if he wanted to he could have joined in the fight?”
He said of his client: “He later told police, ‘I didn’t know that anything was going to happen. In the moments of it happening I wasn’t sure what was happening and I didn’t know what to do.’
“He never had a knife apart from the one he cast out of reach from the floor of the alleyway or that he disposed of anyone’s phone and whether there is any proof he disposed of clothing apart from his own.”
Richard Atkins, for the 17-year-old who is accused of holding Benjamin while he was stabbed by the 16-yearold, said: “He had no intention to fight with or harm anyone. He was not armed. He was not aware the 16-yearold was armed. The meeting with Benjamin was not prearranged.
“He became aware of Benjamin holding a knife, and swung his bag to cause him to drop the knife. He said Benjamin ran at him. He believed Benjamin was still holding the knife and punched him.
“He was not aware the 16-year-old had a knife at this point and thought he was punching Benjamin.”
The trial continues.
He wasn’t anticipating any violence. He was sent into a state of panic due to previous threats and intimidation. Michael Auty QC