Man accused of Brierley Hill double murder was told 'stand up to bullies', court told
Published date | 02 August 2021 |
Publication title | Birmingham Mail: Web Edition Articles (England) |
Mr Henry and Mr McIntosh, both from Bartley Green, were discovered with fatal gunshot injuries inside a Range Rover after police were called to the industrial estate car park at about 3.30pm that afternoon.
READ MORE: Murder victim had death threat days before Brierley Hill double shooting, court told
Houseman, 32, was told by Richard Avery, 33, to "stand up to bullies", Birmingham Crown Court heard.
Houseman and Avery both deny murder, with Avery also having entered a not guilty plea to perverting the course of justice.
Avery's defence said the evidence of intent was "simply not there".
He is alleged to have disposed of, or assisted Houseman in disposing of, items of clothing or other items connected to the deaths.
Mr Jason Bartfeld, defending Avery, said: "The case against Mr Avery is joint enterprise. Richard Avery killed nobody and yet he faces two counts of murder, the most serious charge."
At the start of his evidence, Avery told jurors he had "nothing to do with the issue between Houseman and Will Henry and Brian McIntosh", Mr Bartfeld said in his summing up on Monday.
"He told you Jonathan Houseman had never suggested he wanted to harm Will Henry or Brian McIntosh," he added.
"He advised Jonathan Houseman to 'stand up to bullies', how on earth could that be evidence of intention to shoot people
"I tell my children to stand up to bullies every day. There are a number of ways to stand up to bullies which don't involve shooting people in the head.
"The evidence of intent is simply not there."
And Avery's DNA found on cartridges in the Range Rover was more likely to have appeared through secondary transfer than touching, Mr Bartfeld told the jury.
"The crown's case is that Richard Avery supplied the weapon. The only evidence is DNA found on cartridges in the Range Rover," he added.
"The experts could not exclude secondary transfer.
"If they are correct about Jonathan Houseman being the shooter, that can only be correct by the fact that Jonathan Houseman did not have to load cartridges into the magazine, if it was supplied pre-loaded.
"If it was supplied pre-loaded, cartridges...
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