A jury has found a Fife teenager guilty of a vicious New Year’s Day assault which left his victim needing 24-hour care.
Jake Stewart, from Kirkcaldy, repeatedly kicked Michael Hunter as he lay on the ground, hitting him on the head and body.
However the jury at the High Court in Dunfermline stopped short of convicting 18-year-old Stewart of attempted murder.
It took them more than two hours to reach their verdict following a lengthy address from the judge, Lord Turnbull.
Stewart, a first offender, accepted during the course of the week-long trial that he attacked Mr Hunter, but denied trying to kill him.
He said he went to help one of his cousins, a 15-year-old girl, who was screaming for help as Mr Hunter held on to her.
The jury found Stewart, of Lindores Drive, guilty of attacking Mr Hunter outside his home in Kirkland Gardens in Methil on January 1.
He was convicted of, while acting with others, assaulting Mr Hunter, repeatedly punching him on the head, seizing hold of him, repeatedly stamping and kicking him on the head and body to his severe injury, permanent impairment and danger of life.
During the trial the court heard how a fight involving numerous people began outside Mr Hunter’s home in Kirkland Gardens.Attacked by 10 youthsHis wife Tracy told the jury her husband was attacked by about 10 youths, some of whom were members of a local gang.
The couple were on their way home after a night out to celebrate Hogmanay when the youths ran past them and then doubled back, shouting at her husband.
Mrs Hunter managed to get inside their home, but maintained her husband was dragged away from the door and set upon.
She recognised Stewart, who she said was wearing a hoodie, as one of his attackers.
She told advocate depute Alastair Carmichael, prosecuting, the attack left her husband needing 24-hour care and feeling suicidal.
A number of other witnesses said they saw Stewart kick Mr Hunter, or stamp on him.
Stewart gave evidence in his own defence last Thursday and insisted he was just trying to get away from Mr Hunter, who was holding him.
He admitted lashing out with his feet as he tried to break free and conceded he may have hit him on the head twice.Went to help cousinThe teenager maintained he never intended to seriously hurt Mr Hunter.
He claimed he went to help his cousin, who was being held by Mr Hunter, and panicked after someone came at him with a knife.
The female cousin was screaming for help and the complainer would not let go.
Stewart punched Mr Hunter then got into a fight with him and another man, who he claimed came at him with the knife.
Eventually Mr Hunter ended up on the ground holding on to one of Stewart’s legs.
The teenager said he repeatedly kicked the man in a bid to get away.
He told the jury he was worried the man with the knife might be behind him and was just trying to break free.
One 14-year-old, who was standing in a neighbouring garden, told how he saw Stewart repeatedly kick Mr Hunter.
When he was asked by Mr Carmichael what he thought Stewart was doing, the boy replied, “I thought he was battering a guy.
“He was at the fence… you just saw his knee coming up.”No intent to killDuring his closing speech, Stewart’s defence counsel advocate Dale Hughes told the jury, “Jake Stewart is not seeking an acquittal.
“What he is saying is he did seriously assault Michael Hunter, but he did so under provocation.
“He has accepted his degree of responsibility.
“He didn’t intend to kill him.”
He maintained that his client panicked under provocation.
Lord Turnbull heard Stewart first appeared in connection with the incident on January 5, at which time he was remanded.
The following week he was released on bail.
Lord Turnbull said, “Jake Stewart, you have been convicted of a very serious offence, albeit the even more serious aggravation has not been established against you.
“Given your age and lack of record it is not possible for me to determine the appropriate sentence in this case at this stage.”
He called for a background report.
Stewart will be sentenced at the High Court in Edinburgh on October 4.