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6:14pm Tuesday 15th January 2008 in Swindon By Gazette Reporter
A gang of binge drinking youths who launched a vicious unprovoked attack on a man with severe learning difficulties has been jailed.
Scott McFarlane, Ben Read, both 20, and Samuel Thiel, 19, set upon their victim as he walked through the Granville Street car park in Swindon one night last summer.
Darrell James was left with a broken hip as well as severe facial bruising following the attack shortly after 11pm on Wednesday July 25.
The 37-year-old was punched to the ground before others rained kicks and punches on him. His wallet and mobile phone were also taken by his attackers.
Claire Marlow, prosecuting, told Swindon crown court how Mr James was approached by four youths as he walked across the car park, though he was only aware of one of them who the crown say is McFarlane.
"Mr James indicates that he tried to walk round the man, Mr McFarlane, but he was stopped and then pushed and then punched in the face twice and once in the chest by him," she said.
The attack was witnessed in part by a couple in a flat overlooking the car park who were alerted by the sound of shouting.
Miss Marlow said the man saw about four punches being thrown by the attacker but could not see the victim.
He heard the attacker going away shouting bring it on' before two other youths approached the victim.
One of them picked him up to a sitting position while the other ruffled his hair before he was again punched to the ground and then kicked a number of times before he was patted down.
The two other youths then returned and the brutal attack' continued with the victim doing nothing and being struck like a doll.
She said during the final attack witnesses heard shouts of where's his phone, get his phone'.
The attack ended when a taxi driver drove over to the scene and the passengers got out of the back to give chase as the thugs ran away.
Miss Marlow said the three defendants and a 13-year-old boy were arrested soon after and found to have the victim's blood on their clothing and Read had the stolen mobile.
The youngster, who cannot be named for legal reasons, admitted handling stolen goods and was dealt with in the youth court.
When he was questioned McFarlane said he was drunk and had argued with his girlfriend before the incident.
Thiel said he took part in the attack and kicked the victim and read said he was there but had not got involved in the attack but took the phone.
The court heard that Thiel was on licence from prison for attempted robbery and ABH at the time of the attack and Read had a history of violence. McFarlane had no previous convictions.
Read, of County Road, McFarlane, of Verwood Close, Park North, and Thiel, of Rutland Road, Walcot, all pleaded guilty to violent disorder.
Paul Grumbar, for McFarlane, said his client had been binge drinking and was due to meet his girlfriend, but they had a row on the phone.
He said he could remember little about what happened and was full of remorse for what he did.
Mark Ashley, for Thiel, said his client's offending was all down to his drinking which he now realised and would curb it when he was released.
Mike Pulsford, for Read, said his client had terrible teenage years when things went wrong in his life and had gone through a series of hostel placements and short term work. He said he apologised for what he had done.
Jailing the three Judge Douglas Field said "This was a serious case of violent disorder and on July 25 all of you drank far too much.
"It has been correctly described as binge drinking. Then on the streets of Swindon you attacked this vulnerable victim."
He imposed a nine month sentence on McFarlane and 14 months on the other two.
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