Kilwinning man who's victim died five years after violent attack jailed

Jason Gilmour left Scott Hepburn brain damaged following the assault in 2012

Author: Paul KellyPublished 23rd Jul 2019

A man who’s victim died in a care home five years after a brutal attack in Ardrossan has been jailed for over four years for killing him.

Jason Gilmour, 29, left dad-of-one Scott Hepburn brain-damaged, paralysed from the neck and only able to communicate by blinking after stamping on his head

Scott, who was cared for in a nursing home in Glasgow, died almost five years later, aged 23.

Gilmour was sentenced to five years and four months for assaulting Mr Hepburn to the danger of his life in 2102.

Earlier this month following Scott's death he was found guilty of culpable homicide at the High Court in Glasgow.

Jailing Gilmour, Judge Lady Stacey told him: “What happened that day to Mr Hepburn was shocking behaviour on your part.

“You do appreciate how shocking it was and told a social worker you took responsibility for what you did that day in 2012.

“The sentence would have been 10 years on the basis a young man lost his life. You have already served five years and four months of that.”

Defence QC Tony Graham said: “He has shown empathy towards his victim and regrets what happened.”

Pathologist Dr Marjorie Turner, who carry out a post mortem examination said: “I have no doubt Mr Hepburn's death was as a result of complications of his traumatic brain injury.”

Gilmour, whos’ from Kilwinning, assaulted Scott on June 11, 2012 at Hill Street in Ardrossan by repeatedly punching him on the head, causing him to fall to the ground and then repeatedly kicking and stamping on his head.

Scott was so severely injured that he died on April 17, 2017, at Greenfield Park Care Home, Glasgow.

Jurors heard that after the vicious attack on Scott in 2012, Gilmour told police: “Scott started pushing me and then he came running towards me and the two of us started fighting.”

He admitted punching Scott four or five times, but when he was asked if he kicked his head and then stamped on it he said: “No.”

But he then said: “I was intoxicated. I've maybe took it a bit too far. I probably did go a wee bit too far on him. He attacked me first.”

Gilmour has a number of previous convictions including some for violence and is currently serving a 12 months sentence. His latest sentence will start at the end of his current one.

At the time of the attack in 2012 Scott's girlfriend was pregnant and gave birth some months later.