Man convicted of killing victim who died five years after attack

A Kilwinning man whose whose victim died five years after being stamped and kicked on the head in Ayrshire has been convicted of killing him.

29 year old Jason Gilmour left dad-of-one Scott Hepburn brain-damaged, paralysed from the neck and only able to communicate by blinking

Scott's pregnant girlfriend gave birth in the months after the attack in Hill Street in Ardrossan.

He died five years later on the 17th April in Greenfield Care Home in Glasgow, aged 23.

Jason Gilmour , who was sentenced to five years and four months after admitting assaulting Mr Hepburn to the danger of his life in 2102, was yesterday found guilty of culpable homicide at the High Court in Glasgow.

Gilmour was on trial accused of murdering Scott, but the jury convicted him of the lesser charge of culpable homicide.

Pathologist Dr Marjorie Turner told prosecutor Richard Goddard: “I have no doubt Mr Hepburn's death was as a result of complications of his traumatic brain injury.”

Gilmour, 29, of 54 Ladyford Avenue, Kilwinning, assaulted Scott on June 11, 2012, (correct) at Hill Street, Ardrossan, Ayrshire, by repeatedly punching him on the head, causing him to fall to the ground and then repeatedly kicking and stamping on his head.

Care worker Esther Donald, 53, told the court that Scott had to be fed by a tube.

Mr Goddard asked her: “Was he almost completely immobile,” and she replied: “Yes,” but added: “Sometimes he would wink or kind of lift the knuckles of one hand to say hello, like a kind of fist bump.”

Ms Donald told the court that she checked on Scott in the early hours of April 17, 2017, and said: “He was pale and when I moved his blanket his legs were discoloured. I called for a nurse and she said she thought he had passed away. She then called for another nurse and they took over.”

She was asked by defence QC Tony Graham if she had any concerns about Scott earlier that night and replied: “I didn't have any concerns. He was peaceful and sleeping.”

Jurors heard that after the vicious attack on Scott in 2012, Gilmour was questioned by police.

Gilmour told them: “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.”

Mr Goddard told the court: “Mr Gilmour has a number of previous convictions including a number for violence.

“At the time of the attack in 2012 Mr Hepburn's girlfriend was pregnant and gave birth some months later.”

Judge Lady Stacey deferred sentence on Gilmour until later this month for background reports.

She said: “I would find it of assistance to have as much information as possible before sentencing.”

Defence QC Tony Graham will give his plea in mitigation then.