A man has been found not guilty of murdering his father – and of an alternate offence of manslaughter – following a week-long trial at Manchester Crown Court.
Joseph McGowan, 20, was accused of murdering his father Darren McGowan, 51, during an argument at their home in Stockport earlier this year.
Prosecutors alleged that in the early hours of April 30th, three people left the address after a row had developed between Joseph and his dad.
A Jury was told that Joseph ‘lost his temper’ and put Darren in a chokehold or ‘headlock’.
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He phoned 999 and told the operator that his dad ‘wasn’t breathing’ and told police officers arriving at the scene: “Me and my dad were arguing and I don’t know what to do. We were fighting and I choked my dad out.”
Joseph denied murder and the alternate offence of manslaughter. After Joseph was acquitted, his family applauded and jumped up from their seats in the public gallery, as the judge told him he was free to leave.
Prosecutor Owen Edwards KC told the trial at Manchester crown court: “We do not say that Joseph McGowan intended to kill his father. What we say is that he lost his temper and meant to really hurt him.
“We say he knew his father was drunk and in poor health and that he intended the serious harm that resulted from his choking action.”
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Mr Edwards said Darren was married to Angela McGowan and that the couple had two sons together, with Joseph being one.
He told the court that in 2022, Darren suffered from an aneurysm shortly before his business ‘failed’ and he began ‘drinking too much’.
The prosecutor said as a consequence, the marriage struggled, with the couple separating for short periods of time. Mr Edwards said: “Most of the time, it seems, he got on well with Joseph McGowan.”
Two weeks before the fatal incident, Jurors heard how Joseph got into an argument with his dad who ‘goaded’ him calling him a ‘p****’.
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Joseph hit him causing him to fall and hit his head against a windowsill, resulting in a wound to his head, it was said.
On April 30th this year Angela McGowan came back to the family home, on Glebe Street, in Offerton, along with three of her colleagues from the Midway pub to continue drinking.
They drank with Darren who had been invited to stay over, the court heard. And at one point Joseph came downstairs to join them, it was said.
During the evening, one friend was sick and left early before Angela went upstairs to change into her dressing gown.
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The prosecutor said: “Darren was telling her she was drunk and embarrassing and she responded ‘it’s my f****** house’, before Joseph ushered her upstairs.
“At 2.14am, Joseph McGowan took a video of the remaining members of the group, which included Darren McGowan. This was less than an hour before Darren had been fatally injured by his son.”
Prosecutors allege that Darren went to check on Angela upstairs before telling everybody to leave, at which point Joseph responded that ‘it wasn’t his house’, before an argument ensued with one of the group briefly intervening.
The two remaining members of the group left the address leaving Joseph and Darren together, then a quarter of an hour later at 3.07am, Joseph McGowan called 999.
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When officers attended Joseph had his top off and was found with numerous scratches all over his back, the court heard. Darren was rushed to hospital but was declared dead on May 3rd due to an ‘unsurvivable brain injury’, it was said.
A pathologist found that Darren had bruising to his larynx and to the soft tissues at the back of his throat, as well as bruising to his face, eye socket and collarbone.
A post mortem report concluded that the bruising was consistent with compression of the neck by headlock or chokehold and the cause of death was recorded as a brain injury caused by cardiac arrest, the court heard.
Giving evidence, Joseph McGowan said the pair had a brief fight upstairs before he got into a row with his mum downstairs.
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Darren McGowan came downstairs and shouted at Joseph McGowan ‘Don’t talk to my wife like that’, the court heard. Joseph said: “I told him to f*** off. That was when he rugby tackled me onto the sofa.
“I grabbed onto the closest thing. I grabbed him in a headlock because he is a larger man than me. I was scared.”
He then said his dad had lifted him up and ‘smashed him’ into the sofa twice, before he collapsed on the living room floor. Then realising his dad was unconscious, Joseph rang 999 immediately.
When asked to describe their relationship, Joseph broke down in tears and said: “I loved him. We trained together. If my friends didn’t want to go out I would ask my dad. We were just a normal family. We enjoyed spending time together.”