Shooting and gun charges dropped
Court Reporter SHOOTING charges have been dropped against a criminal who was accused of leaving a prosecution witness injured after opening fire on her home – despite shotgun cartridges with his DNA on them being found at the scene.
A woman inside a house in West Denton was left with shotgun pellets embedded in her arms and back when a gunman shot at the home.
Michael Kirton was charged with a series of offences, including possessing a firearm with intent to endanger life.
The 26-year-old, who has previous convictions for possessing ammunition, denied he was the shooter.
Now prosecutors have dropped the allegations and accepted his guilty plea to possessing ammunition after two unfired cartridges were found at the scene of the shooting on Lordenshaw.
Lee Fish, prosecuting, told Newcastle Crown Court: “During the early hours of June 1 a firearm was discharged at the home of the prosecution witness and her partner was also present. They were due to give evidence in relation to an allegation of inflicting grievous bodily harm with intent.”
Mr Fish said that case related to a man who he said is Kirton’s cousin, although Kirton interrupted to insist he was not related to the man.
Explaining why the shooting charges against Kirton were being dropped, Mr Fish added: “There simply was not the evidence to say who was responsible for this. But two unfired shotgun cartridges were found outside the address and both had Kirton’s DNA on them. He has admitted he had them in his possession some time before this incident.”
The prosecutor added: “It’s an inevitable inference he had ammunition in his possession which was then in the possession of an individual who discharged a firearm into the house of a prosecution witness.”
The court heard Kirton, of Fordmoss, West Denton, has previous convictions for affray, possessing a bladed article, aggravated vehicle taking, witness intimidation and harassment. On May 18 this year he was locked up for 16 months for two counts of possessing ammunition while a prohibited person due to his previous convictions.
One of those charges related to September 2017, when ammunition was found at his house. The second related to February 2016.
He was released from that 16-month sentence after a couple of weeks due to time served on remand but was then recalled to prison within days after his arrest over the Lordenshaw shooting.
He pleaded guilty to possessing the two shotgun cartridges while prohibited, on the basis he had them before he was locked up in May.
That meant a judge had to deal with him as if sentencing for the new offence at the same time as the other two.
As a result he was jailed for just a further two months and given a seven-year restraining order banning him from contacting the couple whose house was shot at.
Penny Hall, defending, said: “It was before his 1time in custody that he would have been in possession of these cartridges.
“He was not aware of this incident or that the ammunition would be used for it.”