Man cleared of murdering friend during lockdown
He told police his long-term pal may have been hurt in drunken fall
A MAN has been cleared by a jury of murdering his long-time friend during lockdown.
Benjamin Bracegirdle was also acquitted of an alternative count of the manslaughter of 40-year-old Michael McNee.
The two had been best friends for many years and Leicester Crown Court was told Mr Bracegirdle moved into Mr McNee’s flat in Chestnut Court, off Leicester Road, Mountsorrel, to help care for him during the pandemic.
Mr McNee suffered “a myriad” of health problems, was recovering from organ failure and was alcohol dependent. Mr Bracegirdle found his friend dead in bed on the morning of Friday, May 22.
The prosecution alleged the defendant assaulted him the night before, but the defence said an accidental fall may have caused his death, from internal bleeding.
The court heard a road accident when Mr McNee was 18 had devastating consequences regarding his health.
He had operations for hip and leg injuries and ended up addicted to opiate-based painkillers given in hospital, that led to him battling a heroin addiction in later life, although he was on a Methadone prescription when he died. He was also on blood thinning medication.
Mr Bracegirdle, formerly of the Falcon Centre, Pinfold Gate, Loughborough, denied the murder or manslaughter of Mr McNee.
He did not give evidence in his defence, during the two-week trial, but suggested in his police interviews the alleged victim may have injured himself accidentally in a drunken fall. Drinking was a mainstay of their mutual lifestyles.
The prosecution alleged Mr Bracegirdle, 41, caused an injury on Mr McNee’s back which resulted in fatal internal bleeding.
In fact, Mr Bracegirdle had called the NHS 111 helpline seeking advice for his friend at about 10pm the night before he died.
Mr McNee, who had been complaining of acute pain at that stage, refused the offer of an ambulance and did not want to go to hospital.
Defence counsel, Isabella Forshall QC, said there was insufficient evidence to convict Mr Bracegirdle of causing his good friend’s death. She said the injury could have resulted from an accidental fall onto an object, such as the wheel of a bicycle kept in Mr McNee’s hallway.
The jury of five men and seven women deliberated for three hours before finding Mr Bracegirdle not guilty of manslaughter or murder.