A dad attempted to shoplift a bottle of wine despite having part of his ear bitten off during a mass brawl outside a New Brighton convenience store. A balaclava-clad Connor Kelly and Joseph McCarthy-Harrington were seen being chased down the street while brandishing weapons by brothers Kieran and Corey Scholes.
Fighting between the two opposing groups then spilled out into the road before the siblings, one of whom was wearing only a dressing gown and pyjamas, gnawed at Kelly's ear and stamped on his head. A car was then ploughed into the fray by Abbey Rowlands, with the mum colliding with two men who were embroiled in the violent scenes, although the mum ended up having another wine bottle smashed through her windscreen.
Court hears of violent scenes
Liverpool Crown Court heard today, Friday, that Kelly and McCarthy-Harrington were seen on CCTV running towards Tower Stores on Seabank Road in New Brighton, Wirral, on December 19 last year while wearing balaclavas and armed with batons. Having been chased by both Kieran and Corey Scholes, the two then turned to face the brothers before fighting broke out between all four and "spilled out into the road".
Gerry Baxter, prosecuting, described how the former sibling went on to take hold of Kelly before the latter helped to force him to the ground, saying of the footage: "Corey Scholes repeatedly punches Kelly to the head and body. Kieran Scholes then bites Kelly's ear and severs part of his ear. Corey Scholes can then be seen to stamp on the same side of Kelly's face."
With two members of the public having intervened, Corey Scholes thereafter continued to attack McCarthy-Harrington before Rowlands was seen driving her car into the paved area where the violence was unfolding, bumping into a sixth defendant, Leon Lowe, as she did so. With Kelly and McCarthy-Harrington having retreated into the shop, Rowlands, Lowe and Corey Scholes were seen remonstrating near to the entrance.
Wine bottle thrown at car
But McCarthy-Harrington was subsequently shown emerging from the store and hurling a bottle of wine which he had taken from therein towards the Skoda vehicle, smashing the windscreen. Lowe, Corey Scholes and Rowlands were all then seen aiming blows at him before she re-entered the driver's seat.
With Lowe and another unidentified man also on board, the car was briefly seen lurching forwards into McCarthy before being driven away. Mr Baxter told the court that Kelly sustained a "partial amputation of his ear" during the incident, adding of the aftermath: "He enters Tower Store and attempts to steal a bottle of wine, but is stopped."
The 26-year-old, of Priory Road in Seacombe, has previous convictions for offences including robbery, attempted robbery, arson, burglary, aggravated vehicle taking and handling stolen goods. His counsel Peter White said: "He is in an odd position, where he is an offender on two counts and, notwithstanding that he never made any complaint, he is also named as a victim on a further two counts.
"It is fair to say that Mr Kelly came off, it would appear, far worse. Since he has been in custody, he tells me that he has completed various courses. He hopes to gain employment on the railways. He had a particularly disrupted childhood and left school at a very early age."
He has a nine-year-old child. He hopes to be part of their life. It appears that he has calmed down over recent years to some degree.
Defendants sentenced
Corey Scholes, of Curzon Avenue in New Brighton, has no previous convictions. Lucy Moran, defending the 19-year-old, said: "Clearly, this is a serious assault. Corey Scholes' involvement in the assault begins at about 25 seconds into the CCTV footage. It ends approximately 25 seconds after.
"Mr Scholes is in a somewhat unique position. This can safely be said to be an isolated incident for him. He is remorseful and has a diagnosis of ADHD and additional learning needs. He has a good support system around him in order to move forwards. The submission is simply for your honour to give this young man a chance."
Rowlands, of Walton, has previous convictions for offences of battery and harassment. John Rowan said on behalf of the 23-year-old: "She continues to maintain that this was an incident of her car effectively stalling.
"Your honour will have seen that Mr McCarthy-Harrington throws the wine bottle at her car. It causes damage. There is a hole in the windscreen. She gets back into the car. His hands are raised. She describes not knowing whether or not he had something, whether her car would be damaged further. She panicked.
"It lurched forward. It pushes him back and it, immediately, is stopped. You can see the car come to a significant halt and, having realised what she had done, put the car into reverse and left. It clearly did not cause any injury.
"It is an incident which Ms Rowlands deeply regrets. In actual fact, her passenger side wing mirror had been significantly damaged. That accords with what Ms Rowlands describes happened immediately beforehand. She had been having ongoing issues with a number of males.
McCarthy-Harrington's previous convictions include possession of cocaine with intent to supply. The 24-year-old, of Falkland Road in Egremont, was represented by Lionel Greig, who said: "The defendant regrets his conduct and behaviour on the day. He foolishly allowed himself be involved in a dispute.
"The defendant is a young man. He shares caring responsibilities for all three of his young children, aged seven, three and one month. He knows that this is not what is expected of him. This is an isolated matter, and he has caring responsibilities for three young children."
Lowe, aged 24 and of Rankin Street in Poulton, has earlier convictions for assault occasioning actual bodily harm, being concerned in the supply of heroin and cocaine and dangerous driving. Chris MacMaster added on his behalf: "His plea of guilty at the very first opportunity is perhaps reflective of a maturer approach from a young man who has, over the past few years, it has to be conceded, been in the revolving door of the justice system and the revolving door of prison. Mr Lowe has spent a substantial period in custody.
"There is some significant trauma in his background that undoubtedly underpins that which has occurred here. Mr Lowe wants the revolutions of the door to stop. He has repaired relationships with his family. He has done work with a drug organisation which is well known in these courts. He has done a course in industrial cleaning and been employed as a wing cleaner."
Kieran Scholes was found guilty of wounding with intent and affray after a trial. The 21-year-old, of Duke Street in New Brighton, will be sentenced at a later date.
Corey Scholes admitted assault occasioning actual bodily harm and affray. Wearing a grey Monterrain coat in the dock, he was handed an eight-month imprisonment suspended for 12 months with a rehabilitation activity requirement of up to 30 days, as well as being fined £500.
Rowlands pleaded guilty to affray and careless driving. Appearing in the dock wearing a pink t-shirt, she was sentenced to nine months suspended for a year with a 15-day rehabilitation activity requirement and given a £300 fine, with her licence being endorsed with five penalty points.
McCarthy-Harrington admitted affray and possession of an offensive weapon in a public place. Wearing a grey Monterrain tracksuit top in the dock, he received seven months suspended for a year with 50 hours of unpaid work and a rehabilitation activity requirement of up to 20 days.
Kelly pleaded guilty to affray and possession of an offensive weapon in a public place. Appearing remotely from HMP Liverpool in a grey Montirex t-shirt, he was given 12 months behind bars.
Lowe admitted affray. Also appearing via video link to Walton prison while wearing a grey Nike tracksuit top, he was seen vaping on several occasions before being handed a year in prison, with both him and Kelly expected to be released in the near future.
Sentencing, Recorder Anna Price said: "It is clear that there is a background to this matter. Clearly, something has happened between the two groups of people involved. Whatever happened before the incident we can see on CCTV, you are all fully aware that the way in which you behaved was entirely unacceptable."
