A killer who brutally battered his elderly neighbour to death in a petty row over a gate has been jailed for 12 years.
Trevor Gocan, 57, flew into a violent rage and punched and kicked 74-year-old James O’Neill during a shocking broad-daylight altercation outside their homes in the heart of Covent Garden, central London.
The pensioner – known as Jim to his devastated family – was left unconscious and bleeding heavily after the vicious attack on October 6 last year. He slipped into a coma and tragically died in hospital just over two weeks later.
Gocan, a father-of-two, was initially charged with grievous bodily harm with intent – but the charge was upgraded to murder after Mr O’Neill’s death.
The defendant insisted he acted in self-defence, but a jury at Southwark Crown Court cleared him of murder and convicted him of manslaughter.
In an emotional victim impact statement O’Neill’s wife, Sara O’Neill said: ‘Jim was not only my husband, but my soulmate and the reason I came to this country.
‘His sudden and brutal killing left me completely devastated. I was unable to say goodbye or prepare myself in any way for life without him.
‘I am heartbroken knowing that Jim will miss seeing his children and grandchildren grow up.
‘I replay the event over and over in my mind. I have been plagued by the forensic details of his injuries.’
His son Lee O’Neill said in his statement: ‘I was left with a sense of injustice that I never got to say goodbye to him.
‘I thought that attending the murder trial would give me a sense of closure.
‘But seeing how [Gocan] lied and covered up his actions rather than showing any accountability or remorse for what he had done made me feel more pain and more bitterness.’
Another son Amos O’Neill said in his victim impact statement: ‘He will never know my daughter and I will miss him dearly.
‘The perpetrator said he did nothing wrong. There was not one ounce of remorse or humility in his voice or words. We never got justice in the courtroom.
‘I struggle to think about my father because it is too painful.’
Lisa Wilding, KC, prosecuting, said Gocan did nothing to help Mr O’Neill.
‘The defendant conspicuously did not assist Mr O’Neill, which removes that potential mitigating feature.
‘The punch was delivered with sufficient force that it caused his tooth to be dislodged. It was dislodged with sufficient force that it left it through and through wound to his mouth.’
She said Gocan and Mr O’Neill were neighbours and lived in the Odhams Walk estate off Long Acre, in Covent Garden.
Gocan was caught on CCTV at a nearby Pret a Manger buying a sandwich and a hot drink, which he was still holding when he encountered Mr O’Neill, who was wearing crocs, shorts and a t-shirt.
‘An argument started – probably about shutting a gate – and it descended to violence,’ the prosecutor said.
‘He punched and kicked at Mr O’Neill, who was immediately sent to the ground with an obviously bleeding head wound.’
Ms Wilding said the killer’s punches were delivered with ‘significant force’ to knock out one of the victim’s teeth and followed up by kicks.
Mr O’Neill suffered catastrophic head injuries as well as fractured ribs and died on October 22.
Sentencing Gocan, Judge Sally-Ann Hales said: ‘Mr O’Neill was taking a walk while his wife cooked their Sunday lunch.
‘I am prepared to accept that Mr O’Neill may have come across as forthright and rude given what other witnesses have had to say about their interactions with him on other occasions.
‘This had nothing to do with racism or suggestions of racism on the estate. It is something that I mention because it was referred to today during the course of mitigation.
‘Mr O’Neill’s wife of almost fifty, his sons and daughter speak of the impact of what you have done has had and continues to have on their family. They speak of their loss and pain far more eloquently than I can.
‘No sentence I may pass can begin to compensate them for the enormous loss that they have suffered.
‘I am satisfied that the unlawful act carried a high risk of death or grievous bodily harm, and that ought to have been obvious to me.
‘He was much older than you. He was in his shorts and crocs and presented no physical threat.
‘I reject entirely the suggestion that you needed to defend yourself.
‘You have written to me to express your remorse. You showed no remorse at the time and none at trial.
‘Your remorse, if genuine, has taken a long time coming.’
Gocan was jailed for 12 years. He will serve two thirds of his sentence in custody, excluding the 248 days he has already served.
The judge added: ‘May I convey my condolences and the court’s condolences to member’s of Mr O’Neill’s family who are in court today.’
Gocan, of Odhams Walk, Covent Garden, admitted he inflicted the serious injuries upon Mr O’Neill but claimed he acted in self-defence.
He denied and was acquitted of murder but convicted of manslaughter.