Bristol man brain damaged after attack
A Bristol man who attacked and brain damaged a stranger who asked him for drugs has been jailed for five-and-a-half years.
Eli Bubear had enjoyed a night out with friends when Ian Tinkler approached him in Ashley Hill and asked him if he had crack cocaine or ketamine, Bristol Crown Court heard.
When Bubear said he didn't, telling Mr Tinkler "Go away crack head", the court was told Mr Tinkler knocked a bottle from Bubear's hand and an attack ensued in which the victim was kicked and stamped as he lay on the ground.
Bubear, aged 20, pleaded guilty to intending to cause grievous bodily harm following the incident in October last year.
Imposing sentence the recorder Mr Mark V. Horton told him: "The aggravating features are you were drunk, you repeated attacked with your foot and you kicked him on the ground when he was unconscious."
Julian Howells, prosecuting, said a witness saw Bubear next to Mr Tinkler's prone body, and he initially claimed Mr Tinkler had tried to stab him with a syringe.
Other juvenile witnesses said they heard Bubear make the same claim, but saw him jumping on his victim's head several times.
When police tracked Bubear down he told them he had been approached for drugs, he had called Mr Tinkler a "crack head" and admitted assaulting him.
Mr Howells said Mr Tinkler received emergency treatment at Frenchay Hospital, where he was found to have a fractured eye socket as well as a brain haemorrhage, and suffered brain damage which initially left him unable to follow commands, doubly incontinent and fed by a tube.
The court was told Bubear had previous convictions for robbery and possession of an offensive weapon.
Ray Tully, defending, said his client was approached by Mr Tinkler, gave him a verbal repost, and then had his bottle of Southern Comfort knocked from his hand.
He said his client had some learning difficulties but didn't shy away from or try to cover up his criminal responsibility.
Mr Tully stressed his client's guilty plea, none use of a weapon and "clear remorse which goes beyond self pity".
He said: "It did start out as a reasonable self defence which then went farther than it ought to."
3 Comments
by sam, Bristol
Tuesday, March 03 2009, 8:37PM
“I have also met Ian & have seen the results of mixing alcohol with an idiot. regardless of what was said, Nothing could constitute Ian Getting his head stamped on until he nearly died. A 5 & a half year sentance, Which Bubear will only do half of! Seem's Nothing compared to the unrepairable damage he has caused to Ian.
Truth be told, Bubear probably had a good old go on that bottle of Southern Comfort & saw Ian as a prime target to make himself feel slightly less inferior for 5 minutes.
What a guy!”
by Bex, bristol
Tuesday, March 03 2009, 12:00PM
“My dad is in the same rehabilitation unit as Ian and I can remeber when Ian was first brought in, I cried when i found out what happened to him, regardless of whatever happened no one deserves to have their head stamped on so badly that they end up severly brain damaged for life!!!!!!”
by MikeMSN, Midsomer Norton
Saturday, February 28 2009, 12:54PM
“Well, that's our town and our country. One with spirits in his hand, and one asking for crack cocaine. I wonder how many had a job.
He was carrying a bottle of Southern Comfort. In civilised countries street drinking is not tolerated. In really civilised ones you don't even need a ban because people know how to conduct themselves sensibly and courteously, but don't let's get into the realms of complete fantasy.”