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Liverpool Echo
Liverpool Echo
National
Adam Everett

Killer says he was in a 'scatty situation' when he battered man to death

A killer today said that he was in a "scatty situation" and that "things went t**s up" when he battered a man to death.

Kevin Spaine is currently standing trial at Liverpool Crown Court accused of murdering Leroy Venner. The 53-year-old died after suffering injuries so severe that they are often only seen in car crash victims, having been punched and kicked by the defendant at a flat on Belmont Drive in Anfield last summer.

He was called to the witness box this afternoon, Friday. During his evidence, Spaine denied having intended to rob Mr Venner for drug money on the day he received his benefits - saying he would have sooner "run out of the Asda with a bag of steak" - and had instead retaliated after the deceased threw punches at him.

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Mr Venner had been living at the address temporarily at the time of the incident on July 27 2022, sleeping on a camp bed in the lounge. The apartment was "being used as a drug den", with Spaine among its frequent visitors.

But the 43-year-old was refused entry by the victim shortly after midday on the day in question. He was eventually let in by returning tenant Mark Kelly, who then left again in order to top up the electricity meter.

It was at this point that Mr Venner was fatally assaulted, with Spaine leaving him lying unconscious and going to his mum's house to change his clothes afterwards. He was arrested on suspicion of murder on Edge Lane that evening, at which point he responded: "That's a big charge, what do you mean murder?"

Under interview with detectives, Spaine later stated that Mr Venner - from Toxteth - had "taken two swings at him" and he had returned four or five blows "in self-defence". A post-mortem investigation revealed that he had suffered "multiple forceful blows", causing a brain injury - "the sort of trauma usually associated with a car crash or a fall from height".

Spaine - of no fixed address - said in his testimony today that he had been a drug user for "10 years on and off", with crack cocaine being "the main one". He told jurors that he had gone to the flat, where Mr Venner was home alone, to have a shower.

The accused stated that the altercation had erupted in the living room after he had finished washing. Wearing a shirt and tie, sporting short black hair and flanked by two security guards on the stand, he said: "He switched on me, saying I needed to go - he said 'you need to f*** off Spainey'.

"I said 'why should I? You should f*** off'. He just went all weird on me. He started standing up, as if he was ushering me out.

"I said 'why should I? Why don't you leave?'. I said about Mark not wanting him there, and that seemed to p*** him off even more. That's when it started getting heated.

"He got angry, saying 'what the f***s it got to do with you?'. He took a swing at me, I think it was his left hand first and then he took a swing again with his right hand.

"They clipped me. I remember my denture coming out, and the other one just skimmed me.

"I just fought back and threw a couple of punches, maybe three or four. One hit him and he went down, it was just a few smacks.."

Spaine admitted that he had then kicked Mr Venner to the head, saying: "I just wanted the fight to end. I wanted to get off, I didn't want him to get back up and start coming at me again.

"He was just lying there, breathing. I thought he was knocked out.

"It was just a fight, I wanted it over with. I was wanting the chance to get off, for the fight to be over, to get out of there.

"I just wanted the fight to be over and I wanted to leave. It stopped because I kicked him, he was no longer a threat.

"I thought he would be alright, he'd get up and that would be the end of it. I didn't think this was going to happen.

"I've known him a long time and I wouldn't wish that on him. I know we had our problems but there's no way I'd wish that on him or his family, no way."

Leroy Abbey Venner who died after suffering head injuries (Merseyside Police)

Under cross-examination by prosecutor Alan Kent KC, Spaine added: "I didn't mean to cause any danger, we were just having a fight. I thought he was going to get back up and carry on fighting.

"I would never intentionally want to cause problems. We were just in a bad situation.

"We had chaotic lives, our lives were a mess. I wasn't thinking straight, Leroy weren't - we were in a bad place.

"It all happened so fast. I hadn't slept for days, I hadn't eaten for days.

"How can you expect me to know what I was doing? I wasn't in control.

"I was angry that he hit me. I wouldn't say I was in a rage, he just attacked me - if someone hits you, you're going to be angry.

"I came clean, I told yous what happened, I admitted what happened. Give me some credit.

"I've got to live with the fact that I've took someone's life who I know. There's no way in a million years I intended to hurt or take Leroy's life.

"I know I'm responsible, but its obvious I didn't mean it. We grew up together, I didn't hate him.

"We were in a really, really dark place. A dark thing happened and I've got to live with that.

"I never intended to do that. How could I intend to do that to someone I know?

"I turned up at the house to get a wash, how scattys that? It wasn't a normal situation, I wasn't a normal person living a normal life.

"I am responsible and it breaks my heart to say it, but I didn't mean to. It was over in 20 seconds, and that was it - I am sorry.

"I am sorry to his family. I've known them a long time, and of course I'm sorry.

"Leroy was my mate. We were both living the same lifestyles.

"It was just one of them things fuelled by drugs and chaos and a scatty situation. Do you think if drugs weren't involved, this would have happened?

"Do you think if poverty and homelessness weren't involved, this would have happened? There were other factors involved in this.

"The situation, the lives we were living were not normal. How can you put me in this position as if I've done this on a clear head?

"How can you nail someone like that down as, I don't know, the picture you're trying to paint of me? That person wasn't me, you can see the factors involved blew up this situation.

"If me and Leroy weren't on drugs, this wouldn't have happened. I know that, and I think anyone who knows anything about life knows that.

"You're making out like I'm callous or heartless. I know these people, we're not strangers."

Spaine described himself as having been a "dependent crack addict", telling the court: "I was in a mad state - erratic, paranoid, fidgeting. I was probably not in a good mind state.

"My mind was ticking overtime. I was dealing with a lot of things.

"It's scatty, the whole situation was scatty. My mind state was all over the place.

"I wouldn't just attack someone for nothing. If someone attacks me I want to respond, like anyone would - I'm not the kind of person who would just attack someone for no reason."

When Mr Kent suggested that Spaine had gone to the apartment to get money or drugs from Mr Venner, whose benefits had been paid that morning, he responded: "No, the reason I was there was to get a wash. I make my own money, I buy my own drugs.

"I made my own graft, I got off my a*** and made my own money to buy my own drugs. Don't make out that I'm going round there to do something sinister like rob him.

"I'd rather run out with a bag of steak out of the Asda than rob someone. That's not the case.

"I had easier options I would have rather took. It's nasty what you're doing.

"I feed my own addiction, I never asked anyone for anything. Don't try and twist things.

"That was not the case mate, I swear to you - hand on heart. That was not my intention, never in a million years mate."

Spaine stated that he only learned of Mr Venner's death upon his arrest, when he initially believed he was being detained for breaching bail - having been banned from going to his mum's home at the time. He said: "This police officer stopped me, she's about 2ft tall.

"I'd have ran if I thought I'd killed someone. I would have ran if I thought I was wanted for murder.

"There's no way she's nicking me, I'd have got off. I'd have been gone.

"If i get arrested for a breach of bail, it's nothing. It's a night in the cells.

"I'd have ran away, I wouldn't have waited. I didn't know I was wanted for murder, I didn't know I'd killed anyone.

"I ain't standing there to get nicked on no murder charge. I'm sorry mate, I'm not."

Returning to the assault, Spaine said: "It was just a fight, there were no weapons involved. It was just two fellas getting in a fight, throwing a few digs.

"The adrenaline is rushing, a hundred miles an hour. That's what happens in fights.

"He hit me first and I retaliated, possibly heavy blows. He attacked me and I retaliated.

"If I smacked someone, I'd expect to take a few punches back. You're trying to make out I've gone there and beat him up for no reason, when that wouldn't happen.

"I just defended myself and went a bit too far. I wouldn't say it was retribution.

"You're making out like I've got a grudge. We were cool.

"Things go t**s up, that's what happened. It was over in 20 seconds, if that.

"Anything could have happened. I didn't know what was going to happen.

"I was in a paranoid state, I was high on crack. For all I know, he could have killed me.

"I feel bad for him, but you've got to remember my mental state. I was fragile too - it was easier for me to snap, because my mind was weaker.

"I'm admitting responsibility. There's no good or bad, it's both bad regardless.

"I'm not trying to get out of anything. I'm screwed anyway, if it's manslaughter or murder.

"What am I trying to get out of? I've admitted my guilt, I've admitted I'm responsible.

"How could I intend to do something like that? I know these people, there's no way I would intend to cause the grief I've caused to them."

Spaine, who is being represented by John Harrison KC, denies murder but has admitted manslaughter. The trial continues.

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