Sentenced Incident outside club left teenager with brain damage
AMAN who attacked a teenager outside a Cheltenham night club, leaving him with permanent brain damage, has been jailed for six years, ten months.
Gloucester Crown Court heard that David Cleal, 31, of no fixed abode, felled 19-year-old Jamie Simpson with one punch that caused devastating brain injuries, facial and skull fractures.
Mr Simpson was unable to go home for nearly a year after the incident, which has left him unable to smile, the court heard.
A statement prepared by his mother said his family had to “watch him like a baby as he gained some of the skills we all take for granted”.
Cleal was with his cousin Sonny Cruse, 29, of Terry Ruck Close, Cheltenham, at the time. Although Cruse did not physically assault Mr Simpson, he admitted a charge of affray and was sentenced to 18 months’ jail, suspended for two years.
Cleal admitted causing grievous bodily harm with intent to Mr Simpson on April 7 this year and also pleaded guilty to a violent burglary in 2018 where he assaulted the householder and slashed his face with a piece of broken glass.
The incident outside the Under the Prom club came on a night when Mr Simpson was out with friends and was dancing.
Prosecutor Richard Posner told the court: “He was happy and having fun.”
But Mr Posner added that things turned violent when Cruse “had an argument with him on the dance floor and pushed him”.
The attack took place at 4.15am on April 6 and was captured on CCTV, he said. Mr Simpson took just one punch to the face but immediately lost consciousness.
“The incident was noticed by the club’s security staff, who ejected the three men from the club just after 4am.
“Cruse and Cleal are then seen on CCTV and on a bodycam worn by a doorman – they are loitering outside the club on The Promenade.
“When Mr Simpson leaves the club he is spotted by Cleal and Cruse, who blame him for being ejected out of the club and acted together to confront Mr Simpson, who is ten years younger than them. Cruse walks up to Mr Simpson and there was a scuffle before Cleal punches the teenager once in the face.
“Mr Simpson fell straight to the ground and lost consciousness. He suffered life-changing injuries.”
Mr Posner said the victim now struggled to communicate as a result of his injuries and was undergoing intensive rehabilitation.
In a statement, clinical specialist occupational therapist Nicola Jago said Mr Simpson was not able to return home for a year. She said he was still undergoing daily therapy and was still trying to walk, adding: “He will need support for the rest of his life.”
Mr Simpson’s mother, Pauline Nugent, said in a victim impact statement: “I went to the hospital that hight and was told by a doctor that he had sustained life-threatening injuries and if he survived he would have lifechanging injuries.
“I saw my son in hospital. He had a swollen head and was wired up to a number of machines. A decision was taken to transfer him to Bristol to have an emergency operation on his skull to relieve the pressure on his brain.
“I felt hopeless. I felt I was going to lose him as I watched the machine help him breathe.
“When he did come round he had to start from scratch to relearn all the bodily functions like talking and walking.
“We had to watch him like a baby as he gained some of the skills we all take for granted.
“After eleven-and-a-half months Jamie returned home. But the Jamie we knew had changed emotionally and physically as his previous life had now ceased to exist. He has memory difficulties. He walks with a limp and is unable to smile and he doesn’t like having photographs of himself being taken.
“Jamie didn’t deserve to have his future taken away from him.”
Kannan Siva, defending Cleal, said: “My client was himself a victim of a brutal attack in 2016. His injury resulted in him suffering from PTSD, which interferes with his thought process.
“He fell into the wrong crowd and started getting into trouble. He has shown genuine remorse.”
Jonathan Lewis, for Cruse, said: “He did not cause any injury to Mr Simpson and he didn’t know what was happening at the time. Cruse saw his cousin run over to Mr Simpson just prior to the assault. He admits to being in the area at the same time, but had no physical involvement in the assault. “
The court was told that Cleal was also to be sentenced for a burglary committed on November 10, 2018.
Mr Posner said Cleal broke into a property in Meadow Way, Churchdown, by smashing a ground floor window. The homeowner, George Evans, was awoken and took the decision to try to detail Cleal.
After a struggle, Cleal picked up a piece of broken glass and slashed Mr Evans’ face with it, permanently scarring him. He fled the property but was traced through DNA found at the scene.
Cleal pleaded guilty to causing grievous bodily harm with intent to Mr Simpson, burglary with intent to steal and causing grievous bodily harm to Mr Evans.
Judge Ian Lawrie QC sentenced Cruse to an 18-month prison term, suspended for two years. He ordered him to pay £5,000 in compensation and £600 court costs, and also undertake 30 programme sessions and 20 rehabilitation activity requirement days.