Teenager tells jury: ‘I had to defend myself ...I wish I did not have to punch him’
PENSIONER DIED AS A RESULT OF THE SINGLE BLOW
A TEENAGER who punched and killed an 82-year-old Derby pensioner at the city’s bus station said he “had to defend himself” as he felt he was about to be attacked.
The 17-year-old, who was 16 at the time he landed the blow, told Derby Crown Court how Dennis Clarke clenched his fist as they came face to face and so he struck him.
And the teenager said he feels “awful” about what he felt he had to do.
The youth, whose identity is protected by law, is on trial at Derby Crown Court for causing the death of Army veteran Mr Clarke.
He denies a single count of manslaughter, claiming he was acting in self defence when he struck the victim. The trial has not sat for a week owing to factors including the barristers’ strike.
The teenager told the jury he is currently at college in Derby and hopes to go to university to study business and that he felt “terrified and nervous” being in court.
He said after two of his friends got into a brief altercation with Mr Clarke in the Eagle Centre he and the two youths left and headed towards the bus station but that he was not following the pensioner, who was walking in front of them.
He said he found his two friends videoing and taunting the victim on their mobile phones as they did so “embarrassing” and that he did not join in with them.
He was asked by his barrister, James Horne: “Were you deliberately following Dennis Clarke?”
The teenager replied: “No I was not.
He was asked by Mr Horne: “In the bus station your friend (friend one) peeled off and you saw Dennis walk over to (friend one), you turned around and walked in their direction?”
The youth said: “Yes, I saw Dennis Clarke was cornering (friend one), it looked like (friend one) was in trouble I asked him (Mr Clarke) what was going on and he started to raise his voice. He was quite agitated, he raised his voice.”
Mr Horne said: “He struck you?” The teenager replied: “Yes, he hit my shoulder.”
Mr Horne said: “What did you next see Dennis Clarke do?”
He replied: “I saw him clench his right fist as if he was going to hurt me, I thought he was going to assault me.”
The barrister asked: “How did you respond?”
He said: “I responded by defending myself hitting him to his face.”
Mr Horne said: “Why did you punch him?”
The teenager said: “Because I thought I was going to get attacked.”
Mr Horne asked: “Were you pleased you punched him?”
He said: “No I was not.”
The barrister asked: “Were you proud you punched him?”
The teenager replied: “No I was not.”
Mr Horne said: “Did you want to punch him?”
The teenager replied: “No I did not.”
Mr Horne said: “Why did you punch him?”
He replied: “Because I had to. I got angry that I had to defend myself in that situation.”
Mr Horne said: “How do you feel about what happened to Dennis Clarke?
The youth said: “I feel awful, I wish I did not have to punch him.”
The trial has already heard that the incident took place between bays 13 and 14 at around 4.30pm on Thursday, May 6, last year after Mr Clarke challenged the teenager and two of his friends, both then aged 13, as they were “hanging around” and messing about by the escalators in the Eagle Centre.
The prosecution say the group then followed the victim to the bus station where the defendant landed the single punch. Mr Clarke suffered a fractured skull from the fall and died nine days later in hospital.
Opening the trial, David Outterside, prosecuting, told the jury of eight women and four men: “(The defendant) will tell you he was acting in self-defence. The crown say this was not self defence, not in a million years. This was a punch thrown in anger because Dennis Clarke had the temerity to tell him and his friends off. It was an assault by (the defendant) who would not let it go. He was 82 and was surrounded by three fit teenagers.
“There is no issue that the punch caused the death of Dennis Clarke and there is absolutely no issue (the defendant) threw it. The issue is the word ‘unlawfully.’”
No further action is being taken against two other teenage boys who were arrested at the time in connection with the same incident. The trial continues.