A convicted murderer who kicked a young father-to-be to death after a dispute on a bus has died while serving his sentence. David Algie, who received a life sentence for the killing of Michael Theaker in Orford, Warrington, in 2006, suffered a severe brain haemorrhage after falling ill at HMP Wymott in Lancashire. He was 38.
Attack and trial
Algie, aged 21 at the time, was found guilty of Mr Theaker's murder in December 2006, along with his brother Colin, 19, and a 16-year-old boy. The court heard how the brothers were spotted high-fiving one another in the street following the attack. The killers were reported to have kicked Mr Theaker "like a football" during the fatal assault in January 2006. The 22-year-old victim was left in a coma and died six days later, just six weeks before his daughter was due to be born.
In a statement following his death, Michael's family said: "Michael was a likeable lad who never had problems with anyone. We are all devastated by this loss."
Sentence and prison death
In December 2006, David Algie was sentenced to life in prison with a minimum term of 15 years. The Prisons and Probation Ombudsman has now confirmed he died in Preston Hospital in July 2024. Algie, who had a history of substance misuse, had been diagnosed with paranoid schizophrenia in 2020, the PPO report says. In March 2023 he was released from jail, but just over three weeks later was back behind bars after breaching the terms of his licence.
He was transferred from Forest Bank in Salford to HMP Wymott in Lancashire in May that year. On July 6, 2024 Algie fell ill in his cell. Staff initially suspected a drugs overdose, because his speech was slurred, his pupils were dilated and he was "slightly unresponsive". An ambulance was called, but by the time Algie arrived at Royal Preston Hospital he had fallen into a coma. Scans confirmed a bleed on the brain and he was placed on life-support.
Compassionate release and inquest
On July 10 the prison began an application for early release on compassionate grounds. Algie died in the early hours of the following day after his ventilator was removed. A post-mortem found the cause of death to be a brain haemorrhage. Following an inquest in April this year a coroner concluded Algie died of natural causes.
The PPO investigation found Algie's care was of a "reasonable" standard. But inspectors raised concerns about the "unacceptable and inhumane" use of handcuffs when he was in a coma. Prisons and Probation Ombudsman Adrian Usher recommended the governor 'implement further measures' to ensure staff understand when restraints should be used.
