Teenager accused of Benjamin’s murder feared he was ‘going to be attacked’
A TEENAGER accused of murdering another teen in an alleyway said he stabbed him as he thought he was about to be attacked himself.
The youth, who was aged 16 at the time of the incident and is now 17, told a jury at Derby Crown Court he saw “a flashing” and believed Benjamin Orton and Joe McMullen were carrying weapons. He said he pulled out his flick knife and used it on both men to protect himself and his two friends.
All three, whose identities are protected by law due to their ages, are on trial for the murder of Mr Orton, known as Benji, who suffered 13 stab wounds in Wragg Passage, near the Odeon cinema in Swadlincote, on June 12, this year.
They all deny charges of murder and attempted murder of Mr Orton’s friend Mr McMullen, who was stabbed five times in the neck and head. One of the other two defendants, who are both 17, has also pleaded not guilty to assisting an offender by disposing of a knife, a phone and items of clothing.
Under cross-examination, prosecutor Peter Joyce QC asked the 16-yearold: “They were not walking or chasing after you, they were just walking up the alleyway. You were ahead of them and then stopped, they came close to you, there were no threatening words?”
The teenager replied: “When I turned around I saw weapons.”
Mr Joyce said: “They were going backwards.”
The teenager replied: “Yes.”
Mr Joyce said: “If you had not gone towards them as they were walking backwards none of this would have happened.”
The youth said: “I was that scared I did not even realise they were walking backwards, I just saw weapons.
“I wanted to protect my friends; there was flashing. I thought at that time he [Benjamin] had a knife.”
Mr Joyce said: “You stabbed Benji 13 times and you say you can only remember three of the knife wounds. Which three were they? The first three? The middle three? The last three?” He replied: “The first three.”
The jury has already heard evidence from Mr McMullen, the friend of Benjamin’s who was stabbed five times allegedly by the 16-year-old in the same violent incident. He said he and Benjamin had been at a friend’s house and were on their way to find a taxi to catch to Coalville to see Mr McMullen’s girlfriend when the confrontation occurred.
Opening the prosecution’s case, on the first day of the trial last week, Mr Joyce said: “The three defendants had left the Odeon cinema at 10.32pm and turned left into Wragg Passage. Benjamin Orton and his friend were walking in the opposite direction down the passage. Having gone down Wragg Passage, Benjamin and his friend were the victims of a sustained attack by these defendants.
“You [the jury] will see Benjamin and his friend backing away on CCTV, retreating from the three about to attack them. Benjamin was brandishing a knife as if to say ‘stay back.’ Benjamin was holding his knife defensively, while the 16-year-old was holding his knife aggressively.
“Everyone must have seen that the 16-year-old had a knife. He was passing the knife from hand to hand and gave his phone to one of the 17-year-olds.”
The trial continues.