A Spalding woman has been cleared of being involved in a conspiracy to assault her ex-partner which ended in a fatal car crash.
Sean Burlton, 28, drowned after the car he was a passenger in left the road and entered a water filled ditch on Counter Drain Drove, in Tongue End, on November 24, 2023.
Lincoln Crown Court heard 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.
Jurors were played a 999 call made by McMullon as he was allegedly pursued down Counter Drove Drain by the Focus and a Vauxhall Insignia.
Prosecutors alleged the Focus went into the water-filled drain after attempting to cut up McMullon’s car on a left-hand bend further up Counter Drain Drove.
Burlton’s new girlfriend, Vanessa Gratton, and Scott Biggs, who was a passenger in the Insignia, both denied conspiring with Burlton to cause actual bodily harm to McMullon between November 22 and 25, 2023
The jury found Gratton not guilty of the conspiracy charge after deliberating for two days. The trial judge, Judge Simon Hirst told Gratton: “The jury have found you not guilty. You are free to go.”
Jurors failed to reach a verdict on the charge faced by Biggs – but after the jury were discharged Biggs entered a guilty plea to playing a late role in the conspiracy to assault McMullon.
Giving evidence Gratton, 32, of West Parade, Spalding, told the court she was “heartbroken” by the events of Burlton’s death and was not involved in the conspiracy.
Gratton explained she had been in a relationship with Burlton for about a month and that she was aware of aggressive messages between him and McMullon.
The court heard there was an ongoing battle between Gratton and her ex-partner, McMullon, over custody visits.
Prosecutors alleged McMullon was followed by the Focus and Insignia after he left a contact visit centre in Spalding at around 3pm on 24 November.
But in her evidence Gratton insisted she did not give Burlton the location of the contact centre.
Gratton told the jury Burlton had been at her home the previous night when they believed McMullon was outside.
“We weren’t sure but thought Richard was outside the front door because there was banging,” Gratton explained. “I was scared.”
“Sean got up and went to look at the curtain. He then rang his friend.
“He went down the front with his friends to have a look.”
Gratton said Burlton appeared angry and she thought he wanted to confront McMullon.
“I said it was a bad idea because I was in a custody battle,” Gratton added.
Gratton said she reported the incident to the police the following day and received a couple of calls from Burlton.
“He was asking me if Richard had tools in his car,” Gratton explained.
Defence barrister John McNally asked Gratton:
“How did you feel about what happened when you heard?”
Gratton replied: “Heartbroken.”
Gratton insisted she did not want any confrontation to happen and did not help Burlton with his plan.
Under cross-examination from prosecution barrister Gordon Aspden KC, Gratton denied that she was angry over her treatment from McMullon.
Mr Aspden suggested to Gratton: “You knew he (Burlton) was looking for Richard that day?”
Gratton replied: “No.”
In his evidence to the jury Biggs, 33, of Spalding Common, Spalding, said he only bumped into Burlton and the other men after he popped into the Water’s Edge pub in Spalding on the afternoon of 24 November.
Biggs told the court he talked Burlton out of confronting McMullon in Spalding town centre after the group moved to the Ivy Wall pub.
“I told him he was being silly and he was going to get himself into trouble,” Biggs explained. “It was in the centre of town. I was hoping to put him off.”
Biggs said he tried to persuade Burlton not to follow McMullon.
“I said ‘it’s stupid, its dangerous, it could turn out really bad.’ “
Biggs added: “At some point in the conversation he told me not to be boring.”
Biggs told jurors he still thought it was a bad idea to follow McMullon and said he used the word “nuclear” to describe the possible consequences.
Two men have already pleaded guilty to manslaughter in relation to Mr Burlton’s death.
Bailey Fitzgerald, 29, of Brownlow Crescent, Pinchbeck, who was driving the Ford Focus, and Sam Johnson, 26, of Johnson Avenue, Spalding, who was driving the Vauxhall Insignia, have also admitted the second charge of conspiracy to commit actual bodily harm to McMullon between 22 and 25 November 2023.
Three other men have also admitted the conspiracy charge.
They are Max Prior, 21, of London Road, Spalding, who was a passenger in the Ford Focus, and Sam Clift, 35, of Brownlow Crescent, Pinchbeck, and Josh Copnell, 22, of Rose Lane, Pinchbeck, who were both passengers in the Vauxhall Insignia along with Biggs.
Judge Hirst granted Biggs bail for the preparation of a pre-sentence report and told him he will be sentenced alongside the other defendants on a date to be fixed.
