Cowcaddens man jailed for killing neighbor in his own home
A man who killed his neighbour by stabbing him through the heart has been jailed for 12 years after being convicted of culpable homicide.
A man who killed his neighbour by stabbing him through the heart has been jailed for 12 years after being convicted of culpable homicide.
Terry McCallum,35, struck Frank Carolan repeatedly on the head and body with a knife at his victim's home in Dundasvale Court in Cowcaddens, Glasgow, on May 30 2016.
The High Court in Edinburgh heard how McCallum stabbed Mr Carolan through the heart before repeatedly slashing his face.
The court heard how Mr Carolan's facial injuries were so bad that his family were unable to leave his coffin open before his funeral.
On Monday, a jury returned a guilty verdict against McCallum on charges of culpable homicide, knife possession and attempting to defeat the ends of justice.
McCallum, who also lived in Dundasvale Court, stood trial for murder but had lodged a special defence which stated that he acted in self defence.
On Monday afternoon, jurors deleted the word murder from the charge and inserted the word kill thus changing the charge from murder to culpable homicide.
After hearing how McCallum had previous convictions for dishonesty, assault and theft, judge Lord Mulholland told McCallum that he had no other option but to send him to prison.
The judge had read a victim impact statement which had been submitted to the court by Mr Carolan's sister. The statement stated that Mr Carolan's family couldn't leave his coffin open ahead of his funeral.
Passing sentence, Lord Mulholland said: "I shall impose a sentence of 12 years."
The verdict came at the end of a seven day trial for McCallum, whose address was given in legal documents as being a prisoner of HMP Barlinnie.
During proceedings, the court heard how McCallum repeatedly stabbed his victim.
He then returned to his home and attempted to defeat the ends of justice.
He removed his tracksuit and washed the clothing. He also put his training shoes and the knife used in the crime into a bin bag. He then placed the bin bag outside in a nearby drying area.
McCallum did this in a bid to destroy evidence linking him to the crime.
But police arrested him shortly afterwards.
During proceedings, another neighbour said she saw the two men moments before the fatal assault took place. Both were armed with knives.
The court heard Eleanor Fagan,56, tell jurors that she was about to take her dog for a walk when she heard her neighbour Mr Carolan say to Mr McCallum 'is that right. Just wait there.'"
She said Mr McCallum had a knife with him at that point.
The former carer said Mr Carolan then went back into his property. He emerged moments later also armed with a blade.
The court heard Ms Fagan say that Mr Carolan then fell on the ground outside the property. She then saw Mr McCallum lying on top of Mr Carolan.
Ms Fagan said Mr McCallum then made four slashing movements with his knife to the "area" of Mr Carolan's face and throat.
Ms Fagan told the court: "He was lying there with Terry on top of him. He had his knee on top of him and he was holding him down.
"There were four slashes to his face and throat area.
I saw Terry constantly going in with his knife."
Ms Fagan, of Wishaw, Lanarkshire, said that after she witnessed the incident, she felt intimidated and decided to return to her property.
When prosecution lawyer Lynsey MacDonald asked Ms Fagan what she was thinking at that point in time, she replied: "That he was deid." (CORR)
The court heard that Mr Carolan was stabbed through the heart and was repeatedly knifed on the face.
Prosecutors claimed Mr McCallum murdered Mr Carolan. But jurors rejected the claim and returned a guilty verdict to a charge of culpable homicide.
On Monday, jurors returned their verdicts shortly after 4pm.
Defence advocate Tony Lenehan told the court that his client's previous offending was mostly for minor offences.
He added: "The offences were almost entirely at summary level."
Lord Mulholland told McCallum that a custodial sentence was the only disposal available to him.