A man drowned in a water filled drain after the car he was in tried to ram another vehicle on a country road, a court was told today (Wednesday, September 2)
Sean Burlton, 28, died when the car he was a passenger in overturned in a ditch full of water on Counter Drain Drove, Tongue End, Lincs, on November 24, 2023.
Lincoln Crown Court heard Mr Burlton was in a Ford Focus that had tried to ram a VW Touran being driven by his new girlfriend’s ex-partner, Richard McMullon, 36.
A jury was told Bailey Fitzgerald, 29, of Brownlow Crescent, Pinchbeck, was driving the Ford Focus.
Sam Johnson, 26, of Johnson Avenue, Spalding, was driving a Vauxhall Insignia, which the prosecution allege was also following Mr McMullon’s car.
Max Prior, 21, of London Road, Spalding, was also a passenger in the Ford Focus, along with Mr Burlton.
Sam Clift, 35, of Brownlow Crescent, Pinchbeck, and Josh Copnell, 22, of Rose Lane, Pinchbeck, were also passengers in the Vauxhall Insignia.
Two other defendants have pleaded not guilty to conspiring with the deceased Mr Burlton to cause actual bodily harm to Mr McMullon.
Mr Burlton’s new partner, Vanessa Gratton, 31, of West Parade, Spalding and Scott Biggs, 33, of Spalding Common, Spalding, who was also passenger in the Vauxhall Insignia, each deny the offence between November 22 and 25.
In his opening speech prosecution barrister Gordon Aspden KC warned the jury: “Some of the evidence that we shall see and hear in these proceedings is unpleasant, harrowing and upsetting.
“Amongst other things it involves an unlawful killing by drowning. It was by any standard a horrible death.”
The jury heard police received a 999 call from Mr McMullon at 3.36pm on November 24, 2023 as drove he drove along a back road at Tongue End.
Mr Aspden said Mr McMullon explained that he was being followed by two cars, a Ford Focus and Vauxhall Insignia, and that attempts had been made to ram him off the road.
Mr McMullon told the operator he recognised a passenger in the Ford Focus as Sean Burlton, who was the new boyfriend of his ex-partner Vanessa Gratton, and said he was waving a hammer.
The prosecution allege the Ford Focus went into a water filled drain after making a final attempt to cut up Mr McMullon’s car on a left hand bend.
Mr Aspden said in his own words Mr McMullon told the operator: “I’ve just put them in a ditch but I didn’t do that on purpose.”
Mr McMullon added: “They tried to cut me up on a corner.”
Mr McMullon was advised to drive straight to Market Deeping police station.
Mr Aspden said the emergency services received a second 999 call at 3.44pm from someone saying his mate was stuck in a car which had gone into the river.
“Soon a second man’s voice came on the line,” Mr Aspden told the jury. “A man was drowning just a few feet away.”
Emergency services, two doctors and passing drivers attended the scene.
Police officers entered the water “without hesitation” and made a concerted effort to reach Mr Burlton.
“Eventually they had to withdraw through fear of hypothermia,” Mr Aspden explained.
Fire officers eventually managed to free Mr Burlton from the vehicle but he had stopped breathing. A postmortem later confirmed he had drowned.
Part of the front number plate belonging to the Ford Focus and a golf club with DNA matching Sam Johnson were found during an examination of the scene.
Mr Aspden alleged the other part of the number plate belonging to the Ford Focus was found embedded in the back of Mr McMullon’s VW Touran.
A wooden bat was also found in the boot of the Ford Focus after it was lifted from the ditch.
“Someone had inserted screws into that bat,” Mr Aspden told the jury.
Police also recovered the Vauxhall Insignia from a verge at the crash scene.
Jurors heard there was an ongoing dispute between Mr McMullon and Vanessa Gratton over custody visits.
“There was mounting tension,” Mr Aspden alleged.
Mr McMullon told police he had received messages from Mr Burlton and noticed a Ford Focus and Vauxhall Insignia following him as he left a contact visit in Spalding on the afternoon of the crash.
He alleged the only person who knew the time of the contact visit was his ex-girlfriend, Ms Gratton.
Mr Aspden said CCTV footage showed the seven occupants of the Ford Focus and Vauxhall Insignia meeting at the Waters Edge pub in Spalding and later parking up near Mr McMullon’s car in Westlode Street.
The jurors heard all seven men visited the Ivy Wall pub before returning to their two cars just before 3pm as Mr McMullon was finishing his contact visit.
Mr Aspden alleged Mr McMullon left the contact centre “completely unaware of what was going on.”
CCTV footage showed Mr McMullon’s Ford Touran pulling out and then being followed by the Ford Focus and Vauxhall Insignia.
“Why are seven men following that car and with weapons,” Mr Aspden asked the jury.
The trial continues.
