Glasgow & West Scotland

Man sentenced after attack victim dies five years later

Jason Gilmour Image copyright Spindrift
Image caption Jason Gilmour was charged with murder after his victim's death in 2017

A man whose victim died five years after he stamped on his head has been jailed for four-and-a-half years.

Jason Gilmour, 29, left Scott Hepburn brain-damaged, paralysed from the neck down and only able to communicate by blinking.

The father-of-one, who was cared for in a nursing home in Glasgow, died in April 2017, aged 23.

Gilmour, who was previously jailed for the assault, was found guilty of culpable homicide earlier this month.

He was originally charged with murder after Mr Hepburn's death but a jury at the High Court in Glasgow convicted him of the lesser charge.

The judge Lady Stacey told him: "What happened that day to Mr Hepburn was shocking behaviour on your part.

"You do appreciate how shocking it was and told a social worker you took responsibility for what you did that day in 2012.

"The sentence would have been 10 years on the basis a young man lost his life. You have already served five years and four months of that."

'Traumatic brain injury'

Defence QC Tony Graham said: "He has shown empathy towards his victim and regrets what happened."

Pathologist Dr Marjorie Turner, who carried out a post mortem examination, said: "I have no doubt Mr Hepburn's death was as a result of complications of his traumatic brain injury."

Gilmour, 29, of, Kilwinning, assaulted Mr Hepburn on 11 June, 2012, at Hill Street, Ardrossan, North Ayrshire, by repeatedly punching him on the head, causing him to fall to the ground and then repeatedly kicking and stamping on his head.

His victim was so severely injured that he died on 17 April, 2017, at Greenfield Park Care Home in Glasgow.

Jurors heard that after the vicious attack, Gilmour told police: "Scott started pushing me and then he came running towards me and the two of us started fighting."

He admitted punching Scott four or five times, but when he was asked if he kicked his head and then stamped on it he said: "No."

But he then said: "I was intoxicated. I've maybe took it a bit too far. I probably did go a wee bit too far on him. He attacked me first."

Gilmour has a number of previous convictions including some for violence and is currently serving a 12-month sentence.

His latest sentence will start at the end of his current one.

At the time of the attack in 2012 Mr Gilmour's girlfriend was pregnant and gave birth some months later.

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