Joshua Moore, 34, was jailed for five years and nine months for manslaughter at Leicester Crown Court after admitting the killing. The former boxer punched 62-year-old James McKeown in the face in Beaumont Leys, Leicestershire, on April 6.
Moore had been seen riding a quad bike "too fast" through a park. The punch knocked Mr McKeown to the ground, causing him to hit his head. He later died at Royal Leicester Infirmary that evening. Members of the public had tried to help him as he lay unconscious in a pool of blood, the court heard.
Attempt to surrender
After the attack, Moore left the park and went home before trying to turn himself in. He first went to a police station that was closed and then returned to the cordon, telling officers: "I hit him... I slapped him."
Moore, of Fowler Close, Beaumont Leys, had been out of prison for two years when the attack happened. His previous convictions include a burglary in 2016 during which he punched the victim and fractured bones, leading to an eight-year jail term. He pleaded guilty to manslaughter on July 2.
Evidence and video
Some of the victim's family left the courtroom during Friday's sentencing hearing when a "distressing" nine-second video was played. The footage showed a member of the public giving CPR to Mr McKeown, with someone heard saying he had no pulse. The video had been taken by Moore's partner and sent to him on Snapchat at 6.24pm, before being deleted from the chat at 6.37pm. Moore then returned to the park to admit what he had done.
Leicestershire Police said Moore "thought it was more important to sort out his affairs", cancelling a tattoo appointment he had the next day instead of contacting the emergency services.
Judge's remarks
Jailing Moore on his 34th birthday, Judge Timothy Spencer KC said: "You are a big man, you are a muscular man, you must have considerably worked out over the years. You are a powerful man. The family understandably ask why you did it. I have asked myself, no doubt you have asked yourself. I'm quite sure there is more than an element of you wanting to be the alpha male, the macho man. That analysis is echoed in your previous convictions."
He added: "You could simply have ridden on, you could have avoided him, you could have avoided any exchange of words. A truly big man would have done just that. But no, you decided to punch him, with these devastating consequences. So when one asks the question why, there is no answer – or certainly no adequate answer. It is a question which should rightly haunt you for the rest of your days."
Self-defence and victim impact
The court heard Moore told police he had hit Mr McKeown once in "self-defence", claiming the victim had spat and sworn at him and approached him. But prosecution counsel said there was no suggestion Mr McKeown had been aggressive. Two teenage boys who came forward after the death said the victim appeared to say something to Moore as he passed on his quadbike before Moore turned round, blocked his path and punched him.
In a victim impact statement, Mr McKeown's partner Lesley Wakefield described him as a "gentle, kind man who would never hurt anyone". She said: "Jim was not just my partner, he was my best friend, my support and the centre of our family. His killing has shattered our family in ways that cannot be repaired. All I want to know is why Mr Moore did what he did – I fear I will never get any answer to this question."
Remorse and sentence
Defending Moore, Marie de Redman said he is "truly sorry" for what happened. "He is somebody who is genuinely remorseful and distressed by the consequences of his actions," she said.
Judge Spencer said he believed Moore's remorse was genuine. "It was pretty well immediate. It has been underlined by your stance in court. You have never sought to shirk responsibility," he said. He noted Moore's previous eight-year sentence was a significant aggravating factor, adding: "It all bears out the fact you are far too quick with your fists and bears out that when you deliver blows, they are powerful and devastating."
He said the attack was committed in the presence of children and that Moore left Mr McKeown on the ground, having knocked him over and, in all probability, knocking him out. "You simply abandoned him," the judge said.
