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Teenage burglars kicked father-of-three to death after all-day drinking session
13 March 2008
Their frenzied attack as they kicked and stamped on 47-year-old Mark Witherall was captured on a CCTV soundtrack.
At one stage they could be heard "egging each other on" and laughing and sniggering as Mr Witherall was left dying in a pool of blood on the pavement outside his home.
His attackers, Curtis Delima, 19, Mark Elliott, 21, both unemployed, and a 16-year-old who cannot be named for legal reasons, then went back into the house to continue ransacking it.
Mr Witherall died in hospital from head injuries on March 7 last year after more than five weeks on a life-support machine.
The jury at Maidstone Crown Court heard how the gang had been drinking vodka and alcopops all day before going to a party.
At the party they saw Mr Witherall's partner, 47-year-old Sally George, and stole her door keys from her handbag.
Later they let themselves into the house in Whitstable, Kent, and began stealing valuables.
Unknown to them, Mr Witherall was asleep in the house. He woke up and chased them out, forcing them to drop their haul.
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Curtis Delima and Mark Elliott: Launched a savage attack after a day drinking alcohol
But as the gang ran away, Elliott picked up a large spirit level belonging to the builder and handed it to Delima.
The 19-year-old then used it to repeatedly strike Mr Witherall in the face.
He collapsed and it was then that the gang were heard on CCTV kicking and stamping on their victim.
There was no visual footage of the assault - because the CCTV camera was pointing in the wrong direction - but the jury was also able to hear Mr Witherall groaning as he lay on the ground.
The thugs went back into the house and stole a DVD player, tools, a Sony PlayStation, a stereo and a mobile phone.
Yesterday Mr Witherall's family cheered as the verdicts were returned.
Delima, Elliott and the 16-year-old, who often laughed and joked in the dock during the trial, showed no emotion as they were led away. They will be sentenced on April 18.
The jury also found Elliott guilty of conspiracy to commit burglary, a charge which Delima and the 16-year-old had already admitted.
Elliott's girlfriend, Carley Firminger, 19, was found not guilty of murder and manslaughter.
After the trial, Mr Witherall's father - also named Mark - described his son as a "fantastic and nice man".
Mr Witherall said his son left a partner and two daughters aged 30 and ten and an eight-year-old son.
Detective Inspector Ian Rogerson, who led the inquiry, said: "This was a shocking murder. His family had to watch Mark die over a long period and this has left them devastated."
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