AN ISLE of Wight man has been found guilty of a serious assault which left another man fighting for his life.
Felix Hetherington, of St Edmunds Walk, Wootton, denied causing grievous bodily harm with intent during the early hours of February 21, 2021.
The 28-year-old’s trial has been taking place at the Isle of Wight Crown Court this week, and a jury came to a verdict late this afternoon (Thursday).
They found Hetherington guilty of a lesser charge, of inflicting grievous bodily harm.
Shock as jury initially delivers incorrect answer in delivering verdict
The decision was met with shock initially, as the foreman for the jury misspoke, and gave the wrong verdict.
He quickly corrected himself and told the court a unanimous decision had been reached that Hetherington was guilty to the lesser charge.
Hetherington now faces a wait to be sentenced
Hetherington saw his case adjourned so a pre-sentence report could be drawn up, and will spend Christmas behind bars, awaiting his fate.
Judge Malcolm Gibney said it was good fortune rather than intention that Hetherington wasn’t facing a more serious charge.
He said the only sentence the court would properly consider would be a custodial one, and denied Hetherington bail.
He will next appear in court for sentencing on January 20, next year.
Detail of the offence on Caesars Road
Tim Moores, prosecuting, told the court the victim and Hetherington lived in the same building as one another, as did several witnesses called to give evidence.
He said on the night of February 20, 2021, the victim sustained a catalogue of serious, life-threatening injuries, and was nigh-on unconscious when paramedics arrived.
He suffered a bleed between his skull and brain, fractures to his jaw, a misalignment of his lower spine, and a significant bleed in his abdomen.
The court heard, had he not had surgery, he would have died of blood loss.
Mr Moores said the victim’s first memory was of waking up at hospital, but some CCTV footage was available, including audio.
Mr Moores said there were two primary witnesses who saw some of what happened, and neither had an axe to grind with Hetherington.
He said they had no reason to make up or exaggerate what they saw.
Mr Moores said Hetherington, the victim, and Hetherington’s girlfriend, Emily – who the crown did not regard as a credible witness – had been in Hetherington’s room together on the night in question.
The court heard all three had been drinking, and the victim – an alcoholic – had been particularly drunk.
One of the witnesses had been on a video call with Hetherington’s girlfriend when a commotion started and asked for the camera to be turned around.
She said she could hear a hysterical Emily shouting at Hetherington to “get off him” and “you can’t do that to him”, and from a view from a phone facing into the room, she saw violence.
Mr Moores said the second witness was seen on CCTV heading to Hetherington’s room around this time.
He said the door couldn’t be opened, and she entered through a window.
Looking into the room, Mr Moores told the court the witness saw Hetherington kick the victim in the face while he was supine on the floor, unconscious.
She described Hetherington as angry and shouting that he wanted the victim out of his room.
The witness said, as she attempted to drag the victim toward the window with a view to take him outside, Hetherington stamped on his abdomen.
The court heard Hetherington attempted to kick out at the victim again on the flat roof, and humiliated him while he was still unconscious and waiting for an ambulance to arrive.
Mr Moores said one of Hetherington’s hobbies involved kickboxing.
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