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Liverpool Echo
Liverpool Echo
National
Neil Docking

Man who killed burglar 'knew his family were not in danger'

A dad who stabbed a burglar to death "pretended he believed his partner and child were in danger", a court heard.

Half brothers Karl Townsend and Jamie Cunningham allegedly armed themselves with knives after being alerted by Ring doorbell to a break-in at Townsend's Halewood home. Prosecutors say they rushed to the address and confronted three intruders.

Townsend is said to have stabbed Jordan Brophy in the head and arm, before twice knifing him in the face. One stab wound went through his left optic nerve, leaving a broken blade embedded in his brain.

READ MORE: Dad stabs burglar to death after Ring doorbell alert

Liverpool Crown Court has heard Townsend and Cunningham left the scene, but then returned, when Townsend allegedly stabbed the "defenceless" 31-year-old in his jugular vein "out of revenge or punishment".

Richard Pratt, QC, prosecuting, has said Townsend does not dispute causing Mr Brophy's death. Today he alleged Townsend knew his partner Amelia Rigby and their three-year-old son were not at home, because he phoned her.

CCTV footage showed Mr Brophy, plus two other unknown intruders and a "getaway" driver, arriving in Beechwood Avenue in a black Mercedes A-Class on October 29 last year. Mr Brophy climbed over a side gate at 6.33pm.

Mr Pratt suggested Mr Brophy checked the house was empty, before using a stone to smash a side door window and enter with two accomplices. At this time, Ms Rigby was walking further up the street, with her child and dog.

Mr Pratt said Townsend would "naturally be concerned" to check on their safety. He said Townsend rang Ms Rigby at 6.35pm for 19 seconds, before she walked "away from her home address and any threat of danger".

He said: "Karl Townsend, as you will hear, was to pretend, and indeed may in the course of this trial still pretend the prosecution would say, that he believed his partner and child were in the house and in danger."

The QC added: "You may think it is blindingly obvious that by the end of that phone call he knew she was not at home and more than that, she knew not to go home."

Jordan Brophy, 31, from the St Helens area was fatally stabbed in Halewood (Merseyside Police)

Mr Pratt said Townsend and Cunningham, 23, sped to the house, not "to protect" their family, but for "another purpose". He suggested CCTV footage showed both brothers were armed with knives.

The prosecutor said there was no footage from inside the house. Twenty four seconds after the brothers entered, the burglars left through the side door.

On footage played in court, Mr Brophy could be heard shouting: "I can't see." Mr Pratt said one burglar was carrying what appeared to be a knife.

Townsend's car left the street and he called a man named Michael Williams for two minutes. Mr Pratt said that call was made within a minute of Townsend "inflicting grave injuries" to Mr Brophy and "at a time when he would claim to be consumed with concern for the wellbeing of his partner and child".

Mid-call, Townsend's car returned and collided with a wall outside another house. Mr Pratt said a male voice could be heard shouting what the prosecution said was "s***head". He said: "The defence invite you to consider that the words shouted are the words 'shoot him'."

Mr Pratt told the jury Mr Brophy's associates tried to get him in their car, but he crouched behind a garden wall. He suggested someone could be heard on CCTV footage to say: "Who was it?"

The QC suggested that was Townsend "addressing Jordan Brophy and accusing him of robbing his house". He added: "Indeed we say, you should be able to hear his words 'look, tell me lad or I will kill you'." Mr Pratt said the defence did not accept this could be heard.

Neighbour Rachel Blaney rang 999 and described seeing "Karl" punching a man "pinned up" against a car on the opposite side of the road. Mr Pratt said: "If her account is correct, there can be no serious question of self-defence."

The prosecutor said: "He was not simply being punched. He was being stabbed repeatedly. He was unarmed and defenceless. He was also gravely wounded. He posed, we say, no serious danger to anyone - let alone to a man with a knife in his hand, even if the knife had already been broken."

Police Scientific Support on Beechwood Avenue in Halewood (Liverpool Echo)

The defendants' brother Sean Townsend junior rang 999 at 6.41pm to say his brother's home had been broken into and he was going there. When he arrived, the call was still connected.

Mr Pratt said: "Cunningham is heard to say that 'when we came out of the house there were three running at us but we had to run to get back in the car drove back around, drove back... and as we reversed back to pick Amelia up we saw him bleeding from his face, so we knew it was him who was in the house, so we ran over him and ran him through with the car, yeah the one over there, the car got stuck in the mud'."

He said Ms Rigby said: "They must've knew I was out - imagine if I was in there." Mr Pratt said Cunningham did not respond "but we thought you were in the house Amelia" or "anything like it". The QC said: "In that perhaps unguarded moment Jamie Cunningham reveals that he was very much a part of what had happened to Jordan Brophy."

Mr Pratt told the jury Townsend went to nearby Pendleton Green, where police later found a broken registration plate in a bush. The prosecutor said: "Why would this shocked man, who has done no more than to defend himself, feel the need to dispose of a broken registration plate?"

Mr Pratt said at 7.24pm, Townsend called 999 to make "his own complaint". He said: "Put simply, the prosecution case is he is lying through his teeth."

The jury heard Townsend telling the operator "I've just been attacked in me house by three fellas" and saying one intruder was "aiming" a knife at him. He said one intruder said "f*** off Karl" and "go away now or I'm going to stab you" and he ended up "rolling on the floor fighting" and hitting one of them. He said: "I've been cut and he's been cut as well."

Mr Pratt said: "What he had described was ending up fighting with one of them. The reality was he had repeatedly stabbed Jordan Brophy and brought about his death."

When arrested and interviewed, Townsend and Cunningham gave prepared statements. Townsend said he had become aware of a "burglary in process" at Ms Rigby's home.

He said: "Fearing for her safety and that of my son, I went to the address. I opened the door and was met by the burglars who were carrying weapons. An altercation took place between us. Any action taken by me was only ever in defence of myself, my family and the property."

Cunningham told officers: "We were unsure as to whether or not Karl's partner and three-year-old son were in the house." He said he saw three masked males, all "holding knives", and one had an altercation with Townsend, before he and his brother ran away. He added: "I did not use any weapon."

Townsend and Cunningham, both of Penmann Crescent, Halewood, deny murder and possessing a bladed article.

(Proceeding)

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