Crime Desk

A man who killed a neighbour with a cutlass sword following an argument about boys playing football has been found guilty of his manslaughter.

Gary Kelly, 38, of Rutter Gardens in Mitcham, armed himself with a cutlass and a pool cue after David Martin, 40, came round to his house at about 7.10pm on Sunday 27 January 2008.

The two men had argued minutes before, after Kelly remonstrated with David. Kelly had come out of his home having seen David confront two boys who had taken his son's football.

Detective Inspector Bob Meade, from the Homicide and Serious Crime Command, said:

"This was a tragic set of circumstances which should never have escalated to the extent that it did. This case highlights the consequences of arming yourself in the heat of an argument, when your judgement is impaired through anger and alcohol. Had Gary Kelly stopped for a second to consider the likely outcome, then David Martin would still be alive and Kelly would not be facing a lengthy prison sentence.

"The Met is extremely grateful to those members of the public who came forward to give evidence, particularly several children who witnessed these traumatic events."

David's son had been out playing football with friends during the Sunday afternoon, but when he went to go home the two boys he was with teased him and refused to give his ball back. Returning home, David was told about this and promptly sent his son back with the instruction to call if the two boys still would not return the ball.

When the Martin family received a call David went out to resolve the situation. A parent of one of the two other boys also came out and there was a brief exchange of words between the adults. However it quickly calmed down and the situation was resolved.

Despite having no link to the matter Kelly came over and began an argument with David, raising a beer bottle in a manner that made it seem he would hit David with it.

The men eventually returned to their homes.

David was clearly still angry and went round to Kelly's home carrying a piece of wood. When he reached the front door Kelly's wife opened it and an argument started.

Hearing the argument from upstairs - but without the possibility of knowing David was carrying the piece of wood - Kelly armed himself with the sword and a pool cue and went out to confront David.
 
A fight ensued in the front garden, during which Kelly stabbed David through the side with the sword, causing him to immediately fall to the floor. The sword entered twenty centimetres into his body and pierced David's aorta.

Despite David having collapsed to the floor and clearly unable to protect himself, Kelly continued his attack with the weapons. He also kicked David several times to the upper body and head.

After the incident Kelly ran away, discarding his weapons in nearby wasteland. He handed himself in to Wimbledon Police Station the following day.

photo credit: Gary Kelly MPS