Yob in scuffle with tragic Ryan prior to fatal attack (From This Is Cheshire)

Yob in scuffle with tragic Ryan prior to fatal attack

4:32pm Thursday 15th May 2008

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A YOUTH involved in a drunken scuffle with teenager Ryan Kelly, who was fatally injured minutes later, has appeared in court.

Matthew Jones, aged 19, of Plumtree Avenue, in Bewsey, pleaded guilty at Warrington Magistrates' Court to being drunk and disorderly in the early hours of Friday, February 29.

Ryan, a popular 19-year-old, from Orford, died in intensive care two days later from serious head injuries after being assaulted on Rylands Street in a separate attack.

The court heard that Jones had been out with friends and became involved in a squabble with Ryan in Marmaris take-away on Rylands Street at around 2.30am. Jones was in breach of a previous conditional discharge for criminal damage and failing to surrender to custody.

Prosecutor Sandra Eze said the incident had been described by witnesses, including an off-duty police officer, as a minor scuffle'.

She said: "The police officer said there was a young man being aggressive, directing this abuse at Ryan Kelly.

"Ryan Kelly said to Matthew Jones something like go home', and at this the defendant became very aggressive toward him, asking for a fight.

"Ryan did not react to this provocation."

After the pair were ushered outside the take-away, Jones was still trying to punch Ryan, who received a scratch to his face, the court heard.

Miss Eze said: "In effect, a pushing match took place.

"The defendant was extremely intoxicated and said he could not recall arguing with anybody and could not recall seeing Ryan."

Imran Majid, representing Jones, said: "Mr Kelly made Mr Jones the subject of homophobic abuse.

"Mr Jones is a homosexual and anybody in that situation would take objection to being abused in that way and that is what angered him.

"Had he not been drunk he would have walked away from the situation."

Mr Majid said: "Mr Jones did eventually walk away and said when he crossed over the road he was attacked by Mr Kelly's friends."

Bench chairman Mike Nash ordered Jones to pay £195 costs but did not activate his conditional discharge, which will remain in place until November 22.

He said: "It's not acceptable that you go around town getting drunk and misbehaving in this way.

"When asked to calm down you didn't, you carried on until you had to be physically restrained.

"We don't accept any amount of provocation was relevant. You were off your face."

l Wayne Jenks, aged 29, of Watkin Street, has been charged with Ryan's murder in relation to the separate incident and will lodge his plea at court later this month.

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