Teenager convicted of murdering man he stamped on in East Kilbride
Last updated 21st Jan 2020
A teenage boy has been found guilty of murdering a 61-year-old man by stamping on his face so savagely his spine was severed from his head.
The 17-year-old, who cannot be named for legal reasons, had admitted killing Frank Sinclair, but denied murdering him.
But, a jury found him guilty of murder after deliberating for around two hours.
Family and friends of Mr Sinclair clapped and shouted 'yes.'
Several of the jurors were crying, but the teenager showed no emotion as the verdict was delivered.
He now faces a life sentence. Sentence was deferred for a background report and an assessment of the danger he poses to the public.
The teenager gave evidence and admitted killing Mr Sinclair but showed no empathy for his victim, instead he moaned: “I've still not got over it. I just feel destroyed.”
The High Court in Glasgow heard that the teen launched the murderous attack – stamping full force on Mr Sinclair's face and neck at least two or three times – minutes after trying to help him.
The teenager and three girl friends – all aged 16 or 17 –came across Mr Sinclair lying on the ground at the rear of Westwood Community Centre, Riverton Drive, East Kilbride, around 8pm on January 19, last year.
Initially the teenager tried to help Mr Sinclair up, but became angry when as he lifted him up to a standing position they both over-balanced and fell to the ground.
The boy believed that Mr Sinclair had pushed him, causing him to scrape his face off the community centre wall.
The 17-year-old was asked by prosecutor Liam Ewing QC : “Do you remember evidence that you were shouting noises as you stamped on Mr Sinclair,” and replied: “Yes, I was just shouting, getting all my anger out.”
Mr Ewing then said: “What was your intention as Mr Sinclair lay on the ground,” and he replied: “To hurt him.”
He teen added: “I just lost my temper. I just lost it.”
When asked why he stamped on Mr Sinclair's head the boy said: “It was the first bit of his body that was there.
Mr Ewing then said: What were you thinking as you stamped on this man,” and the accused replied: “I just thought he'd be knocked out.”
The prosecutor then stated: “You didn't care if he lived or died,” and the teenager replied: “I didn't know what I did to him would kill him.”
Mr Sinclair had 19 injuries to his face and neck including a fractured Adam's apple and a vertebrae at the top of his spine was severed causing internal decapitation.
Pathologist Dr Sharon Melmore said:: “This is an unusual injury we usually see this in people who have fallen from a height or are in a road traffic accident.”
One of the three teenage girls who were with the boy that night told of how he repeatedly stamped on Mr Sinclair's face
The 17-year-old girl, who cannot be named for legal reasons, said “He did it a couple of times, two or three times, after that I looked away.”
Mr Ewing asked her: “Was it still continuing when you looked away,” and she replied: “It was still continuing.I could hear the man groaning.”
She said the boy then walked away.
Mr Ewing asked the witness: “What did you do,” and she replied: “Went to see if the guy was okay. One of his eyes was open and the other was closed. His face was swollen. He had blood all over his face. His head was turned to one side.”
A 16-year-old girl, who cannot be named for legal reasons, said the boy told her: 'I think 'I've just killed him."
David Henderson, 50, a friend of Mr Sinclair said they had a couple of pints in the Westwood Bar and then bought Buckfast and drank it at the steps at the rear of the community centre.
He said of Mr Sinclair: “He was always happy. We were just having a blether at the stairs.”
He told the jury when left after 6pm to go back to the pub Mr Sinclair was sitting on the steps rolling a cigarette.
The boy, who cannot be named for legal reasons, was also found guilty of an unprovoked attack on 18-year-old Jay Mungall by punching him on the head and body at Westwood Stores, Leeward Circle, East Kilbride, about an hour before the murder.
He will be sentenced next month at the High Court in Edinburgh.
Hear the latest news on Clyde 1 on FM, DAB, smart speaker or the Rayo app.