Page last updated at 12:39 GMT, Monday, 21 September 2009 13:39 UK

Man jailed for kebab shop killing

David McKay
David McKay pleaded guilty to the culpable homicide of Mr McBride

A man who pleaded guilty to the culpable homicide of a man he assaulted in a Glasgow kebab shop has been jailed for five years and three months.

David McKay, 28, kicked 51-year-old Patrick McBride on the head and body in Paisley Road West in April last year.

Co-accused Christopher McConnell, 22, admitted assaulting Mr McBride by kicking him to his severe injury.

At the High Court in Glasgow, he was ordered to carry out 300 hours of community service.

McKay, McConnell and 21-year-old Graeme Wark, all from the city's Govan area, were originally accused of murdering Mr McBride.

The Crown accepted McKay's guilty plea to culpable homicide and McConnell's guilty plea to assault. Mr Wark's not guilty plea to murder was accepted.

Prosecutor Jock Thomson QC told the court that the pleas were accepted on the basis that McKay and McConnell had acted under provocation.

The court was told that Rangers fan McKay carried out the attack on Celtic supporter Mr McBride hours after Celtic beat Rangers 3-2 at Celtic Park.

You have pleaded guilty to killing Patrick McBride and that I can't ignore. The only sentence I can impose is a custodial one
Temporary judge John Morris QC

The court heard there had been "light-hearted banter" before the attack took place but it was not viewed as sectarian.

CCTV footage showed Mr McBride, who had been drinking heavily, lashing out with an open razor seconds before he was assaulted.

McKay pushed the father-of-three to the ground and kicked him on the head and body and stamped on his head.

The impact of the blows was such that bones in Mr McBride's face were shattered and an imprint of McKay's shoe was left on his face and chest.

In the course of the attack McKay received a cut to his hand which was caused by the razor.

Heart disease

A post-mortem examination revealed that the cause of Mr McBride's death was heart disease and blunt force trauma of the face.

The court was told that Mr McBride had a heart condition which could have killed him at any time.

A pathologist stated that the stress associated with the incident and the severe injuries he suffered would have placed considerable strain on an already significantly diseased heart.

Mr Thomson said the Crown did not view the attack as sectarian.

Sentencing McKay, temporary judge John Morris QC told him: "You have pleaded guilty to killing Patrick McBride and that I can't ignore. The only sentence I can impose is a custodial one.

"It gives me no pleasure to impose it on a hard-working man like yourself.

"Given that the Crown accepts that provocation was involved my starting point would have been eight years.

"However, I give you the full discount for your early guilty plea and reduce the sentence to one of five years and three months."

Sentencing McConnell, temporary judge Morris said: "Until that night you behaved impeccably both at school and in your workplace.

"You have a bright future and I don't see any reason to cut that short by imposing a custodial sentence."

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