A former Forest Bank officer has been cleared of Murder following a trial at Manchester Crown Court.
The Jury heard how 29-year old heterosexual James Johnson feared he would have been 'raped or sexually assaulted' by his gay friend David Toulson during 40th birthday celebrations at a flat in Salford.
Toulson died from asphyxia, resulting from compression to the neck having been placed in a choke hold by Mr Johnson.
The pair had been out at a 'Bottomless Brunch' in Manchester with two female companions, in the hours before the incident occurred.
The group had retired to a flat owned by Toulson approximately an hour later, Johnson sent a text with his pinned location to 'Tommo' a partner of one of the women, as well as two voice notes, the first of which asked that the police be called to their location as he had become worried, in the second he stated: “I’m not f*****g about, come on.” Unfortunately his plea for help was not taken seriously as it was thought he was acting under the influence of alcohol.
Upon his arrest, Johnson told officers during interviews, that he had taken an amount of white powder which he believed at the time to be cocaine, but later suspected to be Ketamine, become unwell and had gone to visit the bathroom to be sick and that whilst there he believed that Mr Toulson attempted to drag him from the bathroom into the bedroom, believing his intention was to have sex with him.
During a struggle, Johnson 'fearing' he would be raped and in a desperate bid to maintain control of both the situation and his body, he managed to subdue his attacker by manoeuvring him into a 'Guillotine Headlock', which he held until he thought it was safe for him to let go.
Emergency services attended, but Mr Toulson was sadly pronounced dead at the scene.
The pathologist concluded that Toulson had died due to asphyxia resulting from compression to the neck.
He also found evidence that he has sustained a significant lump to his head, described as ‘protruding like an egg’.
He told the court that such an injury could only have been caused by ‘blunt force trauma’.
There was also evidence of neck compression, as well as areas of bruising on Mr Toulson’s head and body, which indicated 'possible weapon strikes, bites or blows which suggested that a violent struggle or fight took place.
This morning (31st July) the jury found Mr Johnson not guilty of murder and not guilty of an alternative count of manslaughter.
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