Thugs left a man so seriously injured in a brutal doorstep attack that he struggled to even make a cup of tea.
Jimmy Avery and Tyler McElveen lashed out at Alan Osmond with weapons, possibly a baseball bat or pickaxe handle, after he had warned Avery in a phone call not to “pester” his girlfriend.
Maidstone Crown Court heard Mr Osmond suffered multiple facial fractures to his cheekbones, an eye socket and tooth roots, as well as a laceration to his head.
But despite hearing how the attack also had a psychological impact on him, a judge handed Avery, 29, and 20-year-old McElveen their freedom.
Having both spent several months on remand, Avery walked from court with a suspended sentence order while McElveen was given a custodial term exceeded by time already served.
Mr Osmond was attacked by Avery and McElveen, then just 16 years old, on December 17, 2020.
Prosecutor Wajahat Sherwani said Mr Osmond was at his girlfriend’s home in Snodland when he phoned the pair and accused them of “sleeping” with her.
‘He returned inside with blood pouring down his body and his eye closed…’
The call was in fact answered by McElveen, and at a previous court hearing it was said Mr Osmond had told the teenager: “Tell Jimmy Avery to stop coming round pestering Emma.
“If you come again I will feel intimidated or threatened and I will defend her.”
Five minutes later Mr Osmond heard banging on the door and, having picked up a metal hoover pipe, opened it to be confronted by Avery and McElveen.
Following an “exchange of words”, violence erupted. McElveen struck Mr Osmond around the head with the bat or axe bat while Avery hit him with what was simply described as a “tool”.
“He was struck by both, causing multiple fractures to his cheekbones and eye socket, and a laceration to his head,” said Mr Sherwani.
“He returned inside with blood pouring down his body and his eye closed.”
Mr Osmond later told police in a statement referred to during his attackers’ sentencing hearing on Friday (October 4) how his sight had been left “blurry and strange”, that he suffered “blinding” headaches, and the pain was “like a bolt” in his head.
Other debilitating consequences included balance issues, short-term memory loss, difficulties with activities as mundane and simple as shopping and making a drink, and numbness to one side of the face.
Avery, of Simpson Road, Snodland, was arrested the following day. When interviewed, he denied involvement and placed the blame on his co-defendant, the prosecutor said.
McElveen, of Woodgate Road, Ryarsh, was arrested on December 22 and, when interviewed, claimed to have punched the victim once while acting in self-defence.
The court heard the pair were originally charged with inflicting grievous bodily harm (GBH) with intent but guilty pleas to the alternative, less serious offence of inflicting GBH were subsequently accepted by the prosecution.
Avery however maintained that he was not armed with a weapon and therefore a Newton hearing – when evidence is presented to the court and a judge decides the issue disputed – was held in May this year where his account was rejected.
The court heard McElveen also embarked on a thieving spree between January and March this year in which he stole alcohol, a mountain bike, tools, dog food, meat and clothing from shops, vehicles, a garden and sheds in Aylesford, Snodland, Sevenoaks, Maidstone, Harrietsham, Paddock Wood and Ryarsh.
All the crimes were captured on CCTV and McElveen, who despite his young age has 10 previous convictions for 33 offences including battery and racially aggravated common assault, was arrested.
He later admitted a total of 14 charges in relation to theft, burglary, attempted burglary and vehicle interference, but claimed to have been a victim of modern slavery and forced to steal by others.
The court heard that although the pair were arrested soon after the assault on Mr Osmond, the first court hearing was not until two years later.
Sarah Morris, defending Avery, said although his conditions of ADHD and emotional dysregulation may have affected his response to the accusations of sleeping with another man’s partner, there was no significant planning or premeditation involved.
She also explained that while on remand for four-and-a-half months, Avery, who has seven previous convictions for 29 offences, had become a mentor for violent inmates, and was now “extremely motivated” to gain employment on his release and live with his girlfriend in Folkestone.
Craig Evans, defending McElveen, said despite the young dad-of-two having racked up an “unenviable” criminal record, the attack on Mr Osmond was his first offence and, if he had been charged sooner, would have likely resulted in a referral order.
He also told the court that McElveen had found the six-and-a-half months in custody on remand “difficult” and been “exploited” by others.
But Mr Evans said “a stark lesson had been learnt”, with McElveen now keen to be able to support his girlfriend and their children.
“What is an unattractive history with unattractive offences, both in the past and more recent, is tempered by what is some hope for the future for someone who is still a young man and has many things going for him,” he told the court.
Passing sentence, Recorder Vivian Walters told Avery that although his mental health affected his day-to-day activities, there was no medical evidence to support any claim that his conditions were to blame for his offending.
But in deciding to hand him a nine-month jail term suspended for two years, she said his role as a prison mentor was to his credit and that there was a realistic prospect of rehabilitation.
As part of the order, he must complete 26 sessions of a Home Office accredited programme, 80 hours of unpaid work and 30 rehabilitation activity requirements.
Recorder Walters told McElveen that although he had a “troubled” background, only an immediate custodial punishment could be justified, considering his poor compliance with previous community-based orders.
But she said his sentence of 194 days – or just over six months – in a young offenders’ institution meant his release was imminent, given his time already served on remand being equivalent to a 13-month spell behind bars.
